UC-NRLF 


AWS    RELATING  TO   THE 
COMMON  SCHOOLS  OF  KANSAS 

INCLUDING  OFFICIAL  OPINIONS  AND  SUG- 
GESTIONS TO  SCHOOL  OFFICERS    *    *    *    * 


Compiled  under  the  direction  of 
LORRAINE  ELIZABETH  WOOSTER 

State  Superintendent 
of  Public  Instruction 


'Law  and  order  is  an  important 
command  of  our  Creator" 


1919-1920 


KANSAS    STATE  PRINTING  PLANT 

IMRI    ZUMWALT,    STATE   PRINTKI: 

TOPEKA.      19 2O 

8-2728 


NOTE — This  copy  of  the  School  Laws  is  the  property  of  the  School  District 
rnd  must  be  preserved  and  kept  where  it  can  be  found. 


GIFT  OF 


LAWS  RELATING  TO  THE 
COMMON  SCHOOLS 

OF  [KANSAS 

INCLUDING  OFFICIAL  OPINIONS  AND  SUG- 
GESTIONS TO  SCHOOL 


Compiled  under  the  direction  of 

LORRAINE  ELIZABETH  WOOSTER 

State  Superintendent 
of  Public  Instruction 


"Law  and  order  is  an  important 
command  of  our  Creator" 


1919-1920 


NOTE — This  copy  of  the  School  Laws  is  the  property  of  the  School  District 
and  must  be  preserved  and  kept  where  it  can  be  found  and  used. 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 


-  Children,  and  o.th.er.  ^persons  should  be  taught  to  aid  in  the 
'eare^and'-protectBafiXof.'all  private  and  public  property.  It  is 
the  important  step  toward  good  citizenship. 

[3715]  Any  person  who  shall  willfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another,  pub- 
lic or  private,  when  the  value  of  the  property  is  under  twenty 
dollars,  shall  on  conviction  be  deemed  guilty  of  a  misdemeanor, 
and  punished  by  fine  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  by  both  such  fine  and  imprisonment. 
(Laws  1907,  ch.  185,  sec.  1.) 

[3716]  Any  person  who  shall  willfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another, 
public  or  private,  when  the  value  of  the  property  and  when  the 
amount  of  damage  done  thereto  is  twenty  dollars  or  more,  shall 
on  conviction  be  deemed  guilty  of  a  felony,  and  be  punished  by 
imprisonment  at  hard  labor  in  the  penitentiary  of  the  state  of 
Kansas  for  a  term  not  less  than  one  year  nor  more  than  five 
years.  (Laws  1907,  ch.  185,  sec.  2.) 

(2) 


TO  COUNTY  SUPERINTENDENTS,  CITY  SUPERINTEND- 
ENTS, AND  SCHOOL  OFFICERS. 


This  copy  of  the  School  Laws  of  Kansas  is  furnished  to 
you  by  the  state  at  the  expense  of  the  taxpayers.  Kindly 
see  that  it  is  properly  cared  for  and  kept  in  the  school  library, 
bookcase,  or  desk,  when  not  in  use. 

This  copy  of  the  School  Laws  is  revised  to  date,  including 
the  laws  of  the  special  session  of  1920. 

The  School  Laws,  official  opinions,  and  suggestions  should 
be  helpful  to  you  in  the  discharge  of  your  official  duties.  If 
you  will  read  and  study  the  School  Laws  you  and  your  school 
will  be  benefited,  and  by  so  doing  you  also  may  be  saved 
legal  or  other  school  difficulties. 

Sincerely,       LORRAINE  ELIZABETH  WOOSTER, 

1920.  State  Superintendent  Public  Instruction. 

(3) 


TABLE  OF  CONTENTS. 


Chapter 

page 

MALICIOUS  DESTRUCTION  OF  PROPERTY  

2 

LETTER  OF  TRANSMITTAL  

3 

Educational  provisions  of  the  organic  act  

5 

Educational  provisions  of  the  constitution  

5 

Educational  provisions  of  the  act  of  admission  

7 

Laws  relating  to  the  common  schools  of  Kansas  

9 

Auditing  accounts  

I 

9 

Bonds  

II 

12 

Business  colleges  

III 

31 

Certification  of  teachers  

IV 

33 

Child  labor  

V 

50 

Cities  

VI 

53 

Compulsory  education  

VII 

85 

Consolidation  

VIII 

91 

County  school  fund  

IX 

94 

County  superintendent  

X 

96 

Districts  

XI 

112 

Extension  work  

XII 

143 

Fines  and  penalties  

XIII 

144 

Fire  protection  

XIV 

145 

High  schools  

XV 

148 

Industrial  education  •  

XVI 

179 

Industrial-school  pupils  

XVII 

183 

Juvenile  court  

XVIII 

184 

Kindergartens 

XIX 

196 

Lsnguage,  exclusive  use  of  English  specified  

XX 

197 

Levies  

XXI 

198 

Levies  for  emergency  cases  

XXII 

200 

Libraries 

XXIII 

2G2 

Night  schools  

XXIV 

205 

Normal  institutes  

XXV 

207 

Normal  training  

XXVI 

210 

Patriotism  

XXVII 

212 

Retirement  fund 

XXVIII 

214 

School-fund  commissioners  

XXIX 

217 

State  annual  school  fund    . 

XXX 

227 

State  department  of  education  

.    .          XXXI 

228 

Textbooks     .  . 

XXXII 

234 

Tobacco  and  cigarettes  

XXXIII 

246 

Warrants  and  bonds  lost  and  destroyed  

.  .  .       XXXIV 

248 

Warrants,  registration  of 

XXXV 

249 

Willard,  Frances  Willard  Day  

XXXVI 

252 

INDEX  .  . 

253 

(4) 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 


[91] l  SECTION  34.  And  be  it  further  enacted,  That  when 
the  lands  in  the  said  territory  shall  be  surveyed  under^the 
direction  of  the  government  of  the  United  States,  preparatory 
to  bringing  the  same  into  market,  sections  numbered  16  and 
36  in  each  township  in  said  territory  shall  be  and  the  same 
are  hereby  reserved  for  the  purpose  of  being  applied  to  schools 
in  said  territory  and  in  the  states  and  territories  hereafter  to 
be  erected  out  of  the  same. 

Approved  May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE  STATE 
CONSTITUTION. 


ARTICLE  II. 

[163]  SECTION  23.  The  legislature,  in  providing  for  the 
formation  and  regulation  of  schools,  shall  make  no  distinc- 
tion between  the  rights  of  males  and  females. 

ARTICLE  VI. 

[203]  SECTION  1.  The  state  superintendent  of  public  in- 
struction shall  have  the  general  supervision  of  the  common- 
school  funds  and  educational  interests  of  the  state,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  A  superin- 
tendent of  public  instruction  shall  be  elected  in  each  county, 
whose  term  of  office  shall  be  two  years,  and  whose  duty  and 
compensation  shall  be  prescribed  by  law. 

[204]  SEC.  2.  The  legislature  shall  encourage  the  pro- 
motion of  intellectual,  moral,  scientific  and  agricultural  im- 
provement, by  establishing  a  uniform  system  of  common 
schools,  and  schools  of  a  higher  grade,  embracing  normal,  pre- 
paratory, collegiate  and  university  departments. 

[205]  SEC.  3.  The  proceeds  of  all  lands  that  have  been 
or  may  be  granted  by  the  United  States  to  the  state  for  the 
support  of  schools,  and  the  500,000  acres  of  land2  granted  to 
the  new  states  under  an  act  of  Congress  distributing  the  pro- 
ceeds of  public  lands  among  the  several  states  of  the  Union, 

1.  See  note  at  top  of  page  9. 

2.  This  money  was  never  in  the  school  fund. 

(5) 


6  CONSTITUTIONAL   PROVISIONS. 

approved  September  4,  A.  D.  1841,  and  all  estates  of  persons 
dying  without  heir  or  will,  and  such  per  cent  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  state,  shall 
be  the  common  property  of  the  state,  and  shall  be  a  perpetual 
school  fund,  which  shall  not  be  diminished,  but  the  interest 
of  which,  together  with  all  the  rents  of  the  lands,  and  such 
other  means  as  the  legislature  may  provide  by  tax  or  other- 
wise, shall  be  inviolably  appropriated  to  the  support  of  com- 
mon schools. 

[206]  SEC.  4.  The  income  of  the  state  school  funds  shall 
be  disbursed  annually,  by  order  of  the  state  superintendent, 
to  the  several  county  treasurers,  and  thence  to  the  treasurers 
of  the  several  school  districts,  in  equitable  proportion  to  the 
number  of  children  and  youth  resident  therein,  between  the 
ages  of  five  and  twenty-one  years:  Provided,  That  no  school 
district  in  which  a  common  school  has  not  been  maintained 
at  least  three  months  in  each  year  shall  be  entitled  to  receive 
any  portion  of  such  funds. 

[207]  SEC.  5.  The  school  lands  shall  not  be  sold  unless 
such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a 
general  election;  but,  subject  to  revaluation  every  five  years, 
they  may  be  leased  for  any  number  of  years  not  exceeding 
twenty-five,  at  a  rate  established  by  law. 

[208]  SEC.  6.  All  money  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty;  the  clear 
proceeds  of  estrays,  ownership  of  which  shall  vest  in  the 
taker-up,  and  the  proceeds  of  fines  for  any  breach  of  the 
penal  laws,  shall  be  exclusively  applied  in  the  several  coun- 
ties in  which  the  money  is  paid  or  fines  collected,  to  the  sup- 
port of  common  schools. 

[209]  SEC.  7.  Provision  shall  be  made  by  law  for  the  es- 
tablishment, at  some  eligible  and  central  point,  of  a  state 
university,  for  the  promotion  of  literature  and  the  arts  and 
sciences,  including  a  normal  and  an  agricultural  department. 
All  funds  arising  from  the  sale  or  rents  of  lands  granted  by  the 
United  States  to  the  state  for  the  support  of  a  state  univer- 
sity, and  all  other  grants,  donations,  or  bequests,  either  by  the 
state  or  by  individuals,  for  such  purpose,  shall  remain  a  per- 
petual fund,  to  be  called  the  "University  fund";  the  interest 
of  which  shall  be  appropriated  to  the  support  of  the  state 
university. 

[210]  SEC.  8.  No  religious  sect  or  sects  shall  ever  con- 
trol any  part  of  the  common-school  or  university  funds  of  the 
state. 

[211]  SEC.  9.  The  state  superintendent  of  public  instruc- 
tion, secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment 
of  the  school  funds.  Any  two  of  said  commissioners  shall  be 
a  quorum. 

(Constitution  ratified  by  the  people  October  4,  1859.) 


CONSTITUTIONAL   PROVISIONS. 


EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF 
ADMISSION. 


[290]  SECTION  3.  ...  First:  That  sections  numbered 
16  and  36,  in  every  township  of  public  lands  in  said  state,  and 
where  either  of  said  sections  or  any  part  thereof  has  been  sold 
or  otherwise  been  disposed  of,  other  lands,  equivalent  thereto 
and  as  contiguous  as  may  be,  shall  be  granted  to  said  state  for' 
the  use  of  schools. 

Second:  That  seventy-two  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  state  university,  to 
be  selected  by  the  governor  of  said  state,  subject  to  the  ap- 
proval of  the  commissioner  of  the  general  land  office,  and  to 
be  appropriated  and  applied  in  such  manner  as  the  legislature 
of  said  state  may  prescribe  for  the  purpose  aforesaid-  but  for 
no  other  purpose. 

Approved  January  29,  1861. 


LAWS  RELATING  TO  THE  COMMON  SCHOOLS 

OF  KANSAS. 


NOTE. — The  figures  enclosed  in  brackets,  thus  [9177],  refer  to 
the  paragraph  numbers  in  the  General  Statutes  of  1915;  the  section 
numbers,  beginning  on  this  page,  are  in  consecutive  order,  for 
convenience  of  reference.  For  example :  If  it  is  desired  to  quote  a 
section  of  the  law,  reference  should  be  stated  thus:  "Section  — , 
School  Laws  of  1917,  section  — ,  General  Statutes  of  1915." 

Official  opinions  will  be  found  in  the  notes  at  the  bottom  of  the 
pages. 

CHAPTER  I.— Auditing  Accounts. 
ARTICLE  I. 


§1.  Auditing  authorized  and  specified. 

2.  Publication  of  report. 

3.  Auditing  committee. 

4.  Qualifications,    oath    and    pay    of    mem- 


;5.  Filing  report. 

6.  Petition  of  taxpayers  for  auditing, 

7.  Failure  to  report. 

8.  Information  to  be  given  committee. 


bers  of  auditing  committee. 

§  1.  Auditing  Authorized  and  Specified.  That  in  the  month 
of  May  in  each  year,  after  the  election  and  qualification  of  the 
city  officers  and  members  of  the  board  of  education,  the  mayor 
and  city  commissioners,  or  mayor  and  councilmen  of  each  city 
of  the  first  class  in  the  state  of  Kansas,  may  cause  a  full  and 
complete  audit  of  the  financial  affairs  of  said  city  and  the 
affairs  of  the  board  of  education  of  said  city  to  be  made  for  the 
preceding  two  years;  said  audit  shall  embrace  all  moneys  re- 
ceived from  every  source  whatsoever,  giving  in  detail  the  dates, 
the  amounts,  and  sources  from  which  received  and  the  same 
shall  be  itemized  in  detail  and  shall  be  made  in  duplicate ;  said 
audit  shall  also  embrace  in  detail  all  moneys  paid  out,  the  date 
of  the  payment,  to  whom  paid,  the  amount  of  the  payment  and 
for  what  services,  property  or  consideration  the  same  was  so 
paid;  also  including  all  bonds  issued,  the  amount  of  the  same 
and  for  what  the  same  were  issued,  the  amount  for  which  the 
same  were  sold,  the  rate  of  interest  the  bonds  bear,  to  whom 
issued  or  sold,  the  premium  received  on  the  same  and  whether 
the  same  were  sold  at  private  or  public  sale,  or  on  bids ;  also  ta 
what  fund  the  proceeds  were  credited ;  also  show  the  amounts 
levied  for  a  sinking  fund  on  outstanding  bonds  or  debts ;  the 
amount  received  on  account  of  such  sinking  fund ;  the  account 
to  which  the  same  was  credited,  the  amount  paid  out  on  account 
of  such  sinking  fund,  and,  in  fine,  all  matters  relating  to  the 
sinking  fund  shall  be  specifically  shown.  The  series  of  bonds 
to  which  the  sinking  fund  relates  shall  be  shown; 'said  audit 
shall  also  show  the  purchase  or  condemnation  of  all  property 
for  street  and  alley  purposes,  the  acquirement  of  rights  of  way 

(9) 


10_    .  AUDITING  ACCOUNTS.  [CH.  1 

for  sewer  purposes  and  also  all  land  acquired  by  the  city  or 
board  of  education  and  all  expenses  of  every  kind  incurred  by 
the  city  or  board  of  education,  the  amount  thereof,  to  whom 
paid,  the  amount  paid  to  each  appraiser,  giving  his  name  and 
the  time  employed;  each  condemnation  or  appropriation  of 
property  shall  be  made  separately  and  in  detail  and  the  same 
shall  be  made  in  duplicate  and  both  signed  as  originals  by  the 
auditing  committee  or  accountant,  and  certified  by  the  city 
clerk,  as  correct;  one  copy  shall  be  journalized  and  kept  by  the 
city  clerk  and  the  other  shall  be  kept  in  the  city  clerk's  office, 
for  the  use  of  the  public  at  all  times  during  business  hours,  for 
examination  and  making  copies  of  the  same,  or  any  item  or 
part  thereof :  Provided,  That  this  act  does  not  apply  to  cities 
having  a  population  of  less  than  50,000  which  have  a  city 
auditor.  (Laws  1919,  ch.  120,  sec.  1.) 

§  2.  Publication  of  Report.  That  after  the  said  audit  is 
made,  if  a  petition  is  filed  with  the  city  clerk,  signed  by  one 
hundred  taxpayers  in  said  city,  praying  that  the  same  be  pub- 
lished in  the  official  city  paper,  then  the  same  shall  be  ordered 
published  by  the  mayor  and  councilmen,  or  mayor  and  board  of 
commissioners  in  such  city,  in  twenty  (20)  days  from  the  filing 
of  such  petition,  and  the  same  shall  be  paid  for  by  the  city  at 
the  same  rate  as  other  city  printing  is  paid  for,  as  provided  by 
law.  (Laws  1919,  ch.  120,  sec.  2.) 

§  3.  Auditing  Committee.  That  the  auditing  committee 
shall  consist  of  two  persons,  who  shall  be  expert  bookkeepers 
or  public  accountants,  one  selected  by  the  city  authorities  and 
one  by  the  judge  or  judges  of  the  district  court  of  the  county 
in  which  the  city  is  situated,  upon  an  application  filed  with  the 
judges  by  the  city  attorney  of  the  city,  or  by  five  taxpayers,  in 
the  event  that  the  city  attorney  does  not  make  the  application. 
(Laws  1919,  ch.  120,  sec.  3.) 

§  4.  Qualifications,  Oath  and  Pay  of  Members  of  Auditing 
Committee.  No  person  shall  be  appointed  as  an  accountant  who 
solicits  the  appointment,  either  directly  or  indirectly,  or  who 
has  been  employed  by  the  city  within  two  years  prior  to  his 
appointment,  or  who  is  related  to  either  of  said  judges,  or  any 
member  of  the  city  council  or  board  of  commissioners  or  a 
city  official,  or  any  member  of  the  board  of  education,  or  who 
is,  in  any  way,  connected  with,  or  related  to,  any  person,  who 
was  a  city  official  or  member  of  the  board  of  education  within 
two  years  prior  to  the  date  of  the  appointment.  And  the  said 
accountants  shall  take  an  oath  to  the  facts  set  out  in  the  report, 
referred  to  in  section  1  hereinbefore,  and  also  that  they  will 
each  honestly,  faithfully  and  truthfully  perform  their  duties 
as  set  out  in  this  act.  Said  accountants  shall  be  paid  not  to 
exceed  $15  per  day  and  actual  necessary  expense  for  the  time 
employed,  and  eight  hours  shall  be  counted  as  a  day,  and  they 


CH.  1]  AUDITING  ACCOUNTS.  11 

shall  make  oath  of  the  time  employed,  and  said  accountants 
shall  be  entitled  to  a  stenographer,  to  be  furnished  by  the  city, 
who  shall  make  the  report  herein  set  forth,  in  duplicate.  (Laws 
1919,  ch.  120,  sec.  4.) 

§  5.  Filing  Report.  Said  auditing  committee  shall  make  and 
file  its  report  in  duplicate  in  the  month  of  July  following  the 
appointment.  (Laws  1919,  ch.  120,  sec.  5.) 

§  6.  Petition  of  Taxpayers  for  Auditing.  That  if  the  said 
city  officials  shall  fail,  in  the  month  of  May,  following  the  elec- 
tion of  the  city  officials,  to  proceed  to  carry  out  the  provisions 
of  this  act,  then  any  five  taxpayers  may  file  a  petition  in  the 
district  court  of  the  county,  and  the  same  shall  be  acted  upon 
by  the  judge,  or  if  more  than  one  judge,  by  the  judges  of  the 
district  court  of  the  county,  in  ten  (10)  days  from  the  date  of 
the  filing  thereof,  and  said  judge  or  judges  shall  then  appoint 
said  persons  to  make  the  audit,  and  the  city  shall  not  have  the 
power  to  make  any  appointment,  and  said  appointees  of  the 
judge  or  judges  shall  make  said  audit  or  report,  all  as  set  out 
in  this  act,  and  the  city  shall  pay  for  their  services  in  twenty 
(20)  days  after  the  report  is  made  and  filed.  (Laws  1919,  ch. 
120,  sec.  6.) 

§  7.  Failure  to  Report.  That  if  said  auditing  committee  fails 
to  make  and  file  its  report  in  duplicate  within  thirty-five  (35) 
days  from  the  date  of  its  appointment,  it  shall  forfeit  all  com- 
pensation, and  if  it  fails  to  substantially  comply  with  the  terms 
of  the  act  as  to  the  matters,  things  and  facts  required  to  be  set 
out  in  such  report  and  in  detail,  no  compensation  shall  be  al- 
lowed to  them  for  their  services  until  the  said  report  shall  be 
fully  corrected  and  amended,  so  as  to  show  all  of  the  facts,  mat- 
ters and  things  required  by  this  act.  Said  accountants  may  at 
any  time  within  twenty  days  after  filing  of  their  said  report 
make  such  corrections  or  amendments  to  said  report  as  may  be 
necessary  to  state  the  facts.  (Laws  1919,  ch.  120,  sec.  7.) 

§  8.  Information  to  be  Given  Committee.  That  it  is  hereby 
made  the  duty  of  the  city  treasurer,  the  city  clerk,  the  city  en- 
gineer, mayor  and  councilmen  of  said  city,  or  mayor  and  board 
of  commissioners  of  said  city,  the  president  of  the  school  board 
and  the  members  thereof,  the  secretary  of  the  school  board  and 
the  treasurer  of  the  school  board  and  all  other  persons  in  the 
employ  of  the  city,  to  furnish  and  give  to  said  accountants  all 
information  they,  or  any  of  them,  possess,  which  shall  enalble 
such  accountants  to  make  said  audit  and  report  complete,  and 
all  said  officials  hereinbefore  mentioned  shall  place  at  the  dis- 
posal of  said  accountants  all  records,  books,  papers,  documents, 
checks,  vouchers,  receipts  and  memoranda  in  their  possession 
or  under  their  control  that  the  said  accountants  may  need  and 
demand  to  enable  them  to  make  said  report  fully  and  correctly, 
as  hereinbefore  set  forth.  (Laws  1919,  ch.  120,  sec.  8.) 


12 


BONDS — SCHOOL   DISTRICT. 


[CH.2 


CHAPTER  IL— Bonds. 
ARTICLE  I.— School-district  Bonds. 

§9.   Purposes  for  which  district  bonds  may    I    §20.   Penalty  for  issuing  bonds  without  au- 


be    issued    and    restrictions    concern- 
ing the  same. 

10.  Bond    elections;    notices    of,    and    how 

conducted. 

11.  Denominations,    rates    of    interest,    and 

disposal  of  bonds. 

12.  Limitations   modified. 

13.  Authority  of  school-fund  commissioners. 

14.  Application  to  vote  additional  bonds. 

15.  Hearing  of  application. 

16.  Limit  of  bonds  in  certain  cities. 

17.  Bonds  must  be   registered. 

18.  Sinking-fund,     how    provided    and     in- 

vested. 

19.  Interest  credited  to  sinking-fund. 


thority,     and    for    misappropriation 
of  the  proceeds. 

21.  Final    disposition    of    paid   bonds    and 

coupons. 

22,  23.   Bonds  belonging  to  the  state  per- 

manent   school    fund    may    be    paid 
or  refunded  before  maturity. 

24.  Payable  at  the  state  treasurer's  office. 

25.  State   treasurer   to    furnish    statement. 

26.  Remittance    of    funds    to    state    treas- 

urer. 

27.  Bonds   to   be   canceled   by   state   trens 

urer. 

28.  Penalty  for  city  and  county  treasurers 

refusing  to  act. 


§9.    School-district  Bonds;  Purpose.    That  section  9177  of 
the  General  Statutes  of  Kansas  for  1915  be  amended  to  read  as 
follows :  Sec.  9177.  That  for  the  purpose  of  erecting  and  equip- 
ping, or  purchasing  and  equipping,  one  or  more  schoolhouses 
in  and  for  any  school  district  in  the  state  of  Kansas,  the  board 
of  directors  of  the  same  shall  have  power  to  issue  the  bonds  of 
the  district  in  an  amount  not  to  exceed  five  per  cent  of  its  tax- 
able property,  as  shown  in  the  last  assessment  thereof:    Pro- 
vided, That  this  limitation  shall  not  apply  to  bonds  heretofore 
legally  voted.    And  for  the  purpose  of  extending  the  time  of 
payment  of  the  bonded  indebtedness  of  any  school  district,  the 
board  of  directors  of  the  same  shall  have  power  to  issue  the 
bonds  of  the  district  in  a  sum  not  to  exceed  in  amount  its  out- 
standing bonded  indebtedness :   Provided,  That  no  such  bonds 
shall  be  issued  until  at  an  election  called  for  that  purpose  the 
question  shall  have  been  submitted  to  the  qualified  electors  of 
the  district,  and  a  majority  of  all  the  qualified  electors  voting 
on  the  proposition  shall  have  declared  by  their  ballots  in  favor 
of  issuing  the  same:3  And  provided  further,  That  no  such  elec- 
tion shall  be  ordered  unless  a  petition,  stating  the  purpose  for 
which  the  bonds  are  to  be  issued,  and  signed  by  at  least  one- 
half  of  the  qualified  electors  of  said  district,  shall  have  been 
presented  to  the  district  board  praying  that  a  vote  be  taken  for 
the  issuing  of  such  amount  of  bonds  as  may  be  asked  for 
therein:   And  provided  further,  That  it  shall  be  unlawful  for 
any  school  district  to  create  any  bonded  indebtedness  unless 
there  are  at  least  fifteen  persons  between  the  ages  of  five  and 
twenty-one  vears  actually  residing  within  the  limits  thereof, 
as  shown  by  a  sworn  census  return,  taken  by  the  direction  of 

3.    The  Australian  ballot  law  does  not  apply  to  school-bond  elections. 


CH.  2]  BONDS — SCHOOL  DISTRICT.  13 

the  board  of  directors  of  such  school  district.4    (Laws  1920,  ch. 
53,  sec.  1.) 

§  10.  Election.  [9178]  Whenever  such  a  petition,  so  signed, 
shall  be  presented  to  the  board  of  directors  of  any  school  dis- 
trict, praying  that  a  vote  be  taken  on  the  question  of  issuing 
the  bonds  of  the  said  district,  it  shall  be  the  duty  of  the  district 
board  immediately  to  order  an  election  for  the  purpose  of 
determining  the  question  of  the  issuing  of  bonds  as  prayed 
for,  and  forthwith  to  give  notice,  by  posting  written  or  printed 
notices,  signed  by  the  clerk,  in  five  of  the  most  public  places 
in  the  district,  which  notices  shall  be  posted  up  at  least  ten 
days5  before  such  election,  and  shall  state  therein  the  object 
for  which  the  election  was  called  and  the  manner  in  which 
the  question  shall  be  voted  upon.6  That  said  election  shall  be 
conducted  in  all  respects  as  ,are  general  elections  under  the 
laws  of  the  state,  except  that  females  of  the  age  of  twenty-one 
years  shall  be  entitled  to  vote  at  all  such  elections,  subject  only 
to  the  exceptions  applied  to  males ;  and  the  returns  of  the  elec- 
tion shall  be  the  same,  except  that  they  shall  be  made  to  the 
district  board.  (Laws  1879,  ch.  49,  sec.  2.) 

§  11.  Issuance.  [9179]  The  bonds  herein  provided  for  shall 
be  issued  in  denominations  of  not  less  than  $100  nor  more 
than  $500  each  ;T  they  shall  bear  interest  at  a  rate  not  to  ex 
ceed  six  per  cent  per  annum,  payable  semiannually  on  the  1st 
days  of  January  and  July  of  each  year,  at  such  place  as  shall 
be  designated  in  the  bonds,  the  principal  of  the  bonds  being 

4.  Build  Schoolhouse.   School  districts  having  less  than  fifteen  children 
of  school  age  within  their  limits  are,  by  the  terms  of  the  law  providing 
for  the  issuance  of  school-district  bonds,  prohibited  and  debarred  from 
raising  funds  for  the  building  or  purchase  of  schoolhouses  by  the  issuance 
of  school-district  bonds.     Such  school  districts  can  provide  funds  for  the 
building  of  schoolhouses  by  issuing  school-district  warrants,  to  the  extent 
and  within  the  limitation  of  section  8913,  General  Statutes  of  1915  (sec- 
tion 320  of  this  book),  but  not  otherwise.    It  is  within  the  power  of  school 
districts,  under  said  section,  to  vote  a  tax  annually,  not  exceeding  six  and 
three-fourths  mills  on  the  taxable  property  in  the  district,  for  school  pur- 
poses, and  to  distribute  such  portion  of  the  amount  of  such  tax  as  the 
school  meeting  shall  deem  proper  for  the  purpose  of  building,  hiring  or 
purchasing  a  schoolhouse  for  the  district.     Beyond  this  the  district  can 
not  go.     School  warrants  for 'building  schoolhouses  cannot  be  issued  in 
excess  of  the  amount  authorized  by  law,  upon  the  expectation  that  in 
subsequent  years  the  school  district  will  provide  funds  for  the  payment  of 
the  same  by  taxation.     (See  section  13.) 

5.  Ten  days  should  intervene  between  the  date  of  posting  the  election 
notices  and  the  day  of  the  election,  without  counting  either  of  the  two 
dates. 

6.  The  utmost  care  should  be  had  in  complying  with  the  law  in  every 
detail;  otherwise  the  bonds  may  be  invalid  or  their  sale  affected  by  their 
unfavorable  history. 

7.  Bonds  should  be  issued  in  denominations  of  $100,  $200,  and  $500 
to  conform  to  the  printed  bonds  furnished  to  districts  by  the  School-fund 
Commissioners. 


14  BONDS — SCHOOL  DISTRICT.  [CH.  2 

made  payable  within  fifteen  years  from  their  date.  These 
bonds  shall  specify  on  their  face  the  date  of  issue,  amount,  for 
what  purpose  and  to  whom  issued,  the  time  they  run,  the  rate 
and  times  of  payment  of  interest,  and  shall  have  coupons  at- 
tached for  the  interest  as  it  becomes  due,  said  coupons  being 
so  arranged  that  the  last  one  shall  fall  due  at  the  time  of  the 
maturity  of  the  bond.  Said  bonds  and  the  coupons  thereto 
attached  shall  be  signed  by  the  director  and  countersigned 
by  the  clerk,  and  after  registration  by  the  county  clerk  shall 
be  negotiable  and  transferable  by  delivery,  and  may  be  dis- 
posed of  by  the  district  board  at  not  less  than  ninety-five  cents 
on  the  dollar,  and  the  proceeds  of  the  same  applied  as  provided 
for  in  the  petition  at  which  issuance  of  the  bonds  was  au- 
thorized. (Laws  1879,  ch.  49,  sec.  3.) 

§  12.  Limitations  Modified.  [10889]  The  limitations  placed 
by  the  statutes  upon  the  voting  of  bonds  in  cities  and  school 
districts  for  the  purpose  of  erecting  school  buildings  may  be 
modified  as  in  this  act  provided.  (Laws  1911,  ch.  257,  sec.  1.) 

§13.  Authority  of  School-fund  Commissioners.  [10890] 
That  section  10890  of  the  General  Statutes  of  Kansas  for  1915 
is  amended  to  read  as  follows :  Sec.  10890.  That  the  board  of 
school-fund  commissioners  of  the  state  of  Kansas  is  hereby 
authorized  and  empowered  to  make  an  order  authorizing  any 
city  or  school  district  to  vote  bonds  for  the  purpose  of  erecting 
school  buildings  to  an  amount  of  not  more  than  one  hundred 
per  cent  in  excess  of,  and  in  addition  to,  the  amount  of  bonds 
that  may  be  voted  under  laws  now  in  force.  (Laws  1919,  ch. 
275,  sec.  1.) 

§  14.  Application  to  Vote  Additional  Bonds.  [10891]  The 
power  of  the  said  board  of  school-fund  commissioners  herein 
may  be  invoked  by  the  filing  with  it  of  an  application  by  the 
board  of  education  of  a  city  or  by  the  school-district  board  of 
a  school  district  that  the  permission  of  the  said  board  of  school- 
fund  commissioners  be  given  for  the  voting  and  issuance  of 
additional  bonds  as  provided  in  the  preceding  section.  The  said 
application  shall  be  accompanied  by  a  petition  to  the  board  of 
education  or  the  school-district  board,  signed  by  not  less  than 
one-half  of  the  number  of  electors  who  may  be  entitled  to  vote 
for  an  issuance  of  bonds  under  the  laws  in  force  at  the  time  of 
the  taking  effect  of  this  act,  requesting  that  an  application 
as  hereinbefore  provided  shall  be  filed  with  the  said  board  of 
school-fund  commissioners.  Notice  of  the  intention  to  file  such 
application  shall  be  given  to  the  electors  by  a  publication  in  the 
official  county  paper,  in  form  to  be  prescribed  by  the  said  board 
of  school-fund  commissioners ;  and  the  said  board  shall  also  pre- 
scribe all  rules  and  regulations  which  may  be  found  necessary 
to  properly  carry  out  the  provisions  of  this  act,  including  rules 
in  relation  to  the  evidence  required  in  support  of  the  applica- 


OH.  2]  BONDS — SCHOOL  DISTRICT.  15 

tion  and  the  method  of  furnishing  such  evidence.  (Laws  1911, 
ch.  257,  sec.  3.) 

§  15.  Hearing  of  Application.  That  section  10892  of  the 
General  Statutes  of  Kansas  for  1915  is  amended  to  read  as 
follows:  Sec.  10892.  The  said  application  shall  be  heard  by 
the  board  of  school-fund  commissioners  upon  a  day  fixed,  and 
the  board  of  education  or  school  district  board  be  so  notifiedj 
and  which  hearing  shall  be  in  the  office  of  the  state  superin- 
tendent of  public  instruction  in  the  state  house  at  Topeka;  and 
the  said  board  shall  make  an  order  either  granting  or  denying 
said  application ;  and  if  the  order  made  shall  grant  the  appli- 
cation and  call  for  an  election  to  vote  upon  the  question  of 
issuing  said  increased  amount  of  bonds,  the  election  so  called 
shall  be  held  in  all  respects  as  is  provided  by  laws  in  opera- 
tion at  the  time  of  the  taking  effect  of  this  act,  and  any  bonds 
so  voted  and  issued  pursuant  to  such  election  shall  be  in  all 
respects  legal  and  valid  bonds  of  the  city  or  school  district 
which  votes  and  issues  them.  (Laws  1920,  ch.  53,  sec.  2.) 

§  16.  Limit  of  Bonds  in  Certain  School  Districts.  That  in 
all  school  districts  within  the  state  of  Kansas  having  an  as- 
sessed valuation  of  not  less  than  $1,500,000  and  not  more  than 
$1,700,000  on  petition  of  51%  of  the  legal  voters  thereof,  the 
board  of  county  commissioners  of  the  county  wherein  such 
school  district  may  be  located  shall  call  a  special  election  for 
the  purpose  of  voting  bonds  in  a  sum  not  in  excess  of  3%  of 
the  taxable  value  of  the  property  located  in  such  school  district 
for  the  purpose  of  building  school  buildings  in  such  school  dis- 
tricts and  the  said  county  commissioners  shall  be  governed  by 
all  the  laws  governing  the  issuance  of  bonds  as  provided  by 
the  statutes  of  the  state  of  Kansas.  (Laws  1917,  ch.  278, 
sec.  4.) 

§  17.  Registration.  [9180]  Before  delivering  any  school- 
district  bonds,  the  board  of  directors  of  the  district  issuing 
the  same  shall  cause  them  to  be  registered  with  the  clerk  of 
the  county  in  which  the  said  district  is  located.  And  it  shall 
be  the  duty  of  the  county  clerk,  on  presentation  of  any  school 
bonds  for  registry,  to  register  the  same  in  a  book  prepared  for 
that  purpose,  which  register  shall  contain  (1)  the  number  of 
the  district;  (2)  the  number  of  the  bond;  (3)  date  of  bond; 
(4)  to  whom  payable ;  (5)  when  [where]  payable;  (6)  when 
due;  (7)  when  interest  is  due;  (8)  amount  of  bond.  The 
county  clerk  shall  furnish  one  copy  of  his  register  to  the  county 
treasurer,  and  forward  one  copy  to  the  state  superintendent, 
together  with  a  statement  showing,  (1)  the  number  of  sec- 
tions of  land  in  the  district  issuing  such  bonds;  (2)  the  num- 
ber of  acres  of  land  assessed  and  subject  to  taxation  in  said 
district;  (3)  the  assessed  valuation  of  taxable  lands;  (4)  the 
assessed  valuation  of  all  personal  property  in  such  district; 
which  statement  shall  be  signed  by  each  member  of  the  school 


16  BONDS — SCHOOL  DISTRICT.  [CH.  2 

board  issuing  the  bonds,  and  the  county  clerk  shall  certify  un- 
der the  official  seal  of  his  office  to  the  correctness  of  the  state- 
ment and  the  genuineness  of  the  signatures  attached  thereto. 
(Laws  1879,  ch.  49,  sec.  4.) 

§  18.  Interest  and  Sinking  Fund.  [9181]  It  shall  be  the 
duty  of  the  board  of  county  commissioners  of  each  county  to 
levy,  annually,  upon  all  the  taxable  property  in  each  district 
in  such  county,  a  tax  sufficient  to  pay  the  interest  accruing 
upon  any  bonds  issued  by  such  district,  and  to  provide  a  sink- 
ing fund  for  the  final  redemption  of  the  bonds,  such  levy  to  be 
made  with  the  annual  levy  of  the  county  and  the  taxes  collected 
with  the  other  taxes,  and  when  collected  shall  be  and  remain 
in  the  hands  of  the  county  treasurer,  a  specific  fund  for  the 
payment  of  the  interest  upon  such  bonds,  and  for  their  final 
payment  at  maturity:8  Provided,  That  moneys  in  the  hands  of 
the  county  treasurer  belonging  to  the  sinking  fund  of  the  sev- 
eral school  districts  in  such  county  shall  be  invested  by  the 
county  treasurer,  (1)  in  the  bonds  of  the  district  to  which  said 
sinking  fund  belongs,  provided  such  bonds  can  be  purchased 
at  a  price  not  exceeding  their  market  or  par  value;  (2)  in  the 
bonds  of  other  school  districts  of  this  state  maturing  before 
the  bonds  for  which  such  fund  is  raised,  provided  the  same 
can  be  purchased  at  a  price  not  exceeding  their  market  or  par 
value ;  (3)  in  the  bonds  of  the  state  of  Kansas,  or  of  the  United 
States.  (Laws  1879,  ch.  49,  sec.  5.) 

§19.  Interest  Credited  to  Sinking  Fund.  [681]  That  when- 
ever any  city,  township  or  school  district  sinking  fund  shall 
amount  to  $500  and  shall  have  been  in  the  hands  of  the  county 
treasurer  for  the  period  of  one  year,  it  shall  be  the  duty  of  such 
treasurer,  and  he  is  hereby  required,  to  credit  any  such  sink- 
ing fund  with  its  proportional  share  of  the  interest  thereafter 
accruing  from  the  deposit  by  such  treasurer  of  the  public 
moneys  in  banks  as  provided  by  law,  and  thereafter  such  in- 
terest shall  belong  to  and  be  a  part  of  such  sinking  fund,  and 
the  same  shall  no  longer  belong  to  the  county.  (Laws  1911, 
ch.  288,  sec.  1.) 

§  20.  Penalty  for  Issuing  Illegally.  [9182]  If  any  school- 
district  officer,  whose  duty  it  is  under  the  provisions  of  this 
act  to  issue  or  assist  in  any  manner  in  the  issuance  of  the  bonds 
of  any  school  district,  shall  prepare,  sign  or  deliver,  or  aid, 
counsel  or  assist  in  preparing,  signing  or  delivering,  or  shall 
cause  to  be  prepared,  signed,  or  delivered,  any  bond  or  bonds 
of  any  school  district,  at  any  time  before  such  bond  or  bonds 
are  authorized  by  this  act  to  be  prepared,  signed  or  delivered, 
such  officer  shall  be  guilty  of  a  felony,  and  upon  conviction 
shall  be  fined  in  a  sum  of  not  less  than  $500  nor  more  than 

8.  The  sinking  fund  can  not  legally  be  used  in  payment  of  any  other 
obligation  than  that  for  which  it  was  levied. 


CH.  2]  BONDS — SCHOOL  DISTRICT.  17 

$5000,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year  and  not  longer  than  five  years,  or  by  both  such 
fine  and  imprisonment.  And  if  the  board  of  directors  of  any 
school  district,  or  any  member  thereof,  shall  use  or  dispose 
of  any  school  district  bonds,  or  the  money  accruing  from  the 
sale  of  such  bonds,  in  any  other  manner  or  for  any  other  pur- 
pose than  that  for  which  the  same  was  created  or  intended, 
he  or  they  shall  be  liable  to  be  punished  by  fine  in  any  sum  not 
less  than  $1,000,  by  information  or  indictment  in  any  court  of 
competent  jurisdiction,  or  by  imprisonment  in  the  county  jail 
not  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. (Laws  1879,  ch.  49,  sec.  6.) 

§  21.  Final  Disposition.  [9183]  On  the  payment  of  the 
bonds  or  coupons  of  any  school  district,  the  county  treasurer 
shall  irffmediately  cancel  the  same,  and  indorse  thereon  the 
date  of  payment;  and  at  the  time  of  his  settlements  with  the 
several  school-district  treasurers  of  his  county  he  shall  de- 
liver to  each  the  canceled  bonds  and  coupons  of  his  district, 
and  take  a  receipt  therefor,  and  such  canceled  bonds  and 
coupons  shall  be  destroyed  by  the  district  treasurer  in  the 
presence  of  all  the  officers  of  the  district,  a  complete  record 
of  their  destruction  being  made  by  the  district  clerk.  On 
the  last  Saturday  of  July  of  each  year,  each  and  every  county 
treasurer  shall  make  to  the  clerk  of  his  county  a  detailed  re- 
port of  all  the  bonds  and  coupons  canceled  during  the  year, 
and  the  date  of  payment  of  the  same,  accompanied  by  the 
receipts  given  by  district  treasurers  therefor;  and  the  county 
clerk  shall  immediately  thereafter  cancel  the  registry  of  all 
such  bonds  and  coupons  by  indorsing  thereon  the  date  of 
payment  of  each.  (Laws  1879,  ch.  49,  sec.  7.) 

NOTE. — All  school  bonds  must  first  be  offered  to  the  School-fund  Com- 
mission, and  the  commission  has  the  option  to  purchase  same  at  not  more 
than  par.  (See  section  652  of  this  book.) 

§  22.  Payment  before  Maturity.  [9267]  If  at  any  time  any 
board  of  education,  school  district,  township,  county  or  city 
of  any  class  shall  have  accumulated  in  the  treasury  sink- 
ing fund  sufficient  to  pay  in  full  any  bond  or  bonds  issued  by 
such  board  of  education,  school  district,  township,  county  or 
city  of  any  class  before  the  maturity,  the  state  permanent 
school  fund,  State  Normal  School  fund,  or  the  University  per- 
manent school  fund,  or  Agricultural  College  endowment  fund 
being  the  holders  thereof,  such  board  of  education,  school 
district,  township,  county  or  city  of  any  class  may  pay  the 
same  to  the  state  treasurer  at  the  time  any  interest  coupon  is 
due,  and  take  up  such  bond  or  bonds,  and  the  state  treasurer  is 
hereby  authorized  to  receive  the  same  and  cancel  such  bond  or 
bonds  and  the  unmatured  coupons  attached  thereto,  and  deliver 
the  same  so  canceled  to  the  officer  paying  the  amount:  Pro- 
vided, That  the  state  treasurer,  before  delivering  said  bond  or 


18  BONDS — SCHOOL  DISTRICT.  [CH.  2 

bonds,  shall  present  the  same  to  the  auditor  of  the  state,  to- 
gether with  a  statement  showing  the  amount  of  coupons  upon 
which  no  moneys  have  been  received,  and  upon  examining  such 
statement,  and  comparing  with  the  coupons  attached  to  such 
bond  or  bonds,  the  auditor  shall  credit  the  treasurer  with  the 
amounts  shown  to  be  canceled  before  maturity.  (Laws  1905, 
ch.  382,  sec.  1.) 

§  23.  Payment  before  Maturity  —  Additional  Provisions. 
[702]  Whenever  any  county,  city,  township  or  school  district 
in  this  state  shall  owe  any  outstanding  and  unmatured  bonds, 
and  at  the  same  time  shall  have  in  its  treasury  any  sinking- 
funds  raised  to  pay  such  bonds,  the  proper  officers  of  such 
county,  city,  township  or  school  district  may  use  such  funds  to 
purchase  or  pay  any  of  such  bonds  and  cancel  the  same,  when- 
ever they  can  be  so  purchased  or  paid  at  or  below  par,  or  at 
such  reasonable  price  above  par  as  may  be  requested  by  a  ma- 
jority of  the  resident  taxpayers  of  such  county,  city,  township, 
or  school  district,  and  which  request  may  be  made  by  a  written 
petition  to  that  effect,  directed  to  such  officers.  (Laws  1905, 
ch.  72,  sec.  1.) 

§  24.  Payable  at  State  Treasury.  [692]  From  and  after 
the  taking  effect  of  this  act  all  bonds  issued  by  the  state,  or  any 
county,  townslyp,  municipality,  or  school  district,  and  the  in- 
terest coupons  thereon,  shall  be  made  payable  at  the  office  of 
the  state  treasurer,  in  the  city  of  Topeka,  in  the  state  of  Kan- 
sas. (Laws  1908,  ch.  58,  sec.  2.) 

§  25.  State  Treasurer  to  Furnish  Statement.  [9256]  At 
least  thirty  days  before  the  maturity  of  any  bonds  or  coupons 
belonging  to  the  permanent  school  fund  or  sinking  fund,  it 
shall  be  the  duty  of  the  state  treasurer  to  furnish  a  detailed 
statement  to  each  county  or  city  treasurer,  or  the  treasurer  of 
any  board  of  education,  of  the  amount  due  from  them  re- 
spectively, describing  in  such  statement  the  number  of  the 
district  or  the  name  of  the  city,  the  amount  of  interest  due,  and 
the  amount  of  principal  due,  if  any.  (Laws  1877,  ch.  174, 
sec.  2.) 

§  26.  Remittance  of  Funds.  [9257]  It  shall  be  the  duty  of 
each  county  and  city  treasurer,  and  the  treasurers  of  boards 
of  education,  to  remit  to  the  state  treasurer,  at  least  ten  days 
before  the  maturity  of  any  bonds  or  coupons,  all  moneys  col- 
lected by  them  for  the  redemption  of  such  bonds  and  coupons, 
and  all  express  charges  and  postage  shall  be  a  proper  charge 
against  such  city  or  school  district  and  shall  be  allowed  to  such 
treasurer  on  settlement.  (Laws  1877,  ch.  174,  sec.  3.) 

§  21.    Cancellation.    [9258]    On  receipt  of  any  funds  by  the 
state  treasurer,  he  shall  immediately  cancel  all  coupons  or 
bonds  for  which  funds  are  remitted,  and  return  such  coupons 
or  bonds  to  the  office  of  the  treasurer  remitting  the  same 
(Laws  1877,  ch.  174,  sec.  4.) 


CH.2] 


BONDS — REFUNDING. 


19 


§28.  Penalty.  [9259]  Any  county  or  city  treasurer,  or 
treasurer  of  any  board  of  education,  who  shall  neglect  or  re- 
fuse to  perform  the  duties  required  of  him  by  this  act,  shall 
be  liable  to  the  state  in  a  sum  equal  to  double  the  amount  of 
such  bonds  or  coupons  remaining  unpaid  by  reason  of  such 
neglect  or  refusal,  which  may  be  recovered  in  a  suit  at  law 
against  such  treasurer  and  his  bondsmen;  and  it  is  hereby- 
made  the  duty  of  the  county  attorney  of  the  proper  county, 
upon  the  request  of  the  attorney-general,  to  prosecute  all  such 
suits.  (Laws  1877,  ch.  174,  sec.  5.) 


ARTICLE  II.— Refunding  Bonds. 


30. 
31. 

32. 

33. 


§29.   Bonded  indebtedness  may  be  refunded. 

Bonds  shall  be  signed  by  whom. 

Bonds  issued,  how  and  when. 

Bonds  issued  for  payment  of  out- 
standing warrants. 

Amounts,  time,  registration  and  pay- 
ment of  bonds  for  outstanding  in- 
debtedness. 

Bonds  to  retire  floating  indebtedness 
of  townships  and  school  districts. 

35.  Time,     registration    and    payment    of 

bonds  for  floating  indebtedness. 

36.  Payable  at  state  fiscal  agency. 

37.  Cancellation  of  bonds. 

38.  Bond  records. 

39.  Registration  of  bonds  by  auditor. 

40.  Registration  of  bonds  by  county  clerk. 

41.  Indebtedness  not  to  be  increased. 


34 


§42.   Annual  levy 

fund. 
43.   County     treasurer 


for   interest   and   sinking 
may     make     levy, 


44.  Sinking  fund,  when  and  how  created. 

45.  Investment  of  sinking  fund. 

46.  Coupons  paid  and  destroyed. 

47.  Penalty  for  wrongful  use  of  money. 

48.  Coupons  when  due  shall  be  receivable 

for  taxes  by  corporation  issuing. 

49.  Merged  districts  may  refund  bonds. 

50.  Form  of  bonds. 

51.  Commissioners  to  levy. 

52.  Suits  against  merged  districts. 

53.  May  take  up  merged-district  bonds. 

54.  Law  governing  such  indebtedness. 

55.  Bonds  of  disorganized  districts. 

58.   Outstanding    indebtedness    in    certain 
districts. 

§  29.  Bonded  Indebtedness  May  be  Refunded.  [642]  Every 
county,  every  city  of  the  first,  second  or  third  class,  the  board 
of  education  of  any  city,  every  township  and  every  school  dis- 
trict is  hereby  authorized  and  empowered  to  compromise  and 
refund  its  bonded  indebtedness,  including  coupons  and  judg- 
ments thereon,  upon  such  terms  as  can  be  agreed  upon,  and  to 
issue  new  bonds  with  semiannual  interest  coupons  attached  in 
payment  for  any  sums  so  compromised;  which  bonds  shall  be 
sold  at  not  less  than  par,  shall  not  be  for  a  longer  period  than 
thirty  years,  shall  not  exceed  in  amount  the  actual  amount  of 
outstanding  indebtedness,  inclusive  of  attached  coupons,  and 
shall  not  draw  a  greater  interest  than  six  per  cent  per  annum. 
No  indebtedness  of  any  kind  shall  be  funded  or  refunded  under 
the  provisions  of  this  act  except  bonded  indebtedness  actually 
existing  at  the  time  of  the  passage  of  this  act  or  hereafter 
legally  created;  and  nothing  herein  contained  shall  be  con- 
strued to  validate  or  invalidate  any  existing  bonded  indebted- 
ness :  Provided,  That  whenever  any  of  the  property  of  any  city 
of  the  first  class  having  a  population  of  40,000  and  over  is  sub- 
ject to  an  indebtedness  consisting  of  mortgage  bonds,  and  such 
city  of  the  first  class  has  paid  in  cash  more  than  fifty  per  cent 
of  the  purchase  price  of  such  property,  then  such  mortgage 
bonds  shall  be  deemed  to  be  bonded  indebtedness  of  such  city 
within  the  meaning  of  this  act.  (Laws  1911,  ch.  67,  sec.  1.) 

NOTE. — Maturing  interest  coupons  may  be  included,  but  unearned  in- 
terest coupons  should  not  be  included.  (See  Kelly  v.  Cole,  63  Kan.  386.) 


20  BONDS — REFUNDING.  [CH.  2 

§  30.  Bonds  Shall  be  Signed  by  Whom.  [643]  Bonds  issued 
under  this  act  by  any  county  shall  be  signed  by  the  chairman 
of  the  board  of  county  commissioners,  and  attested  by  the 
county  clerk,  under  the  seal  of  the  county.  Bonds  issued  by 
any  city  shall  be  signed  by  the  mayor,  and  attested  by  the  city 
clerk,  under  the  seal  of  the  city.  Bonds  issued  by  any  town- 
ship shall  be  signed  by  the  trustee,  attested  by  the  township 
clerk,  and  countersigned  by  the  township  treasurer.  Bonds 
issued  by  the  board  of  education  of  any  city  shall  be  signed  by 
the  president,  and  attested  by  the  clerk  of  the  board,  under  the 
seal  of  such  board.  Bonds  issued  by  any  school  district  shall  be 
signed  by  the  director,  attested  by  the  clerk,  and  countersigned 
by  the  treasurer  of  the  school-district  board,  and  the  coupons 
shall  be  signed  by  the  mayor,  president,  director,  trustee,  or 
chairman  of  the  board  of  county  commissioners,  and  the  clerks, 
respectively.  Such  bonds  may  be  in  any  denomination,  from 
$100  to  $1,000,  and  made  payable  at  such  place  as  may  be 
designated  upon  the  face  thereof,  and  they  shall  contain  a 
recital  that  they  are  issued  under  this  act.  (Laws  1879,  ch.  50, 
sec.  2.) 

§  31.  How  Issued  and  When.  [644]  When  a  compromise 
has  been  agreed  upon,  it  shall  be  the  duty  of  the  proper  officers 
to  issue  such  bonds  at  the  rate  agreed  upon  to  the  holder  of 
such  indebtedness,  in  the  manner  prescribed  in  this  act;  but 
no  bonds  shall  be  issued  under  this  act  until  the  proper  evi- 
dence of  the  indebtedness  for  which  the  same  are  to  be  issued 
shall  be  delivered  up  for  cancellation :  Provided,  That  no  bonded 
indebtedness  shall  be  refunded  by  the  board  of  county  com- 
missioners, or  any  mayor  and  city  council,  or  any  board  of 
trustees  of  any  township,  or  any  school-district  board,  or 
board  of  education,  under  this  act,  except  such  as  have  been 
issued  and  outstanding  at  least  two  years  at  the  time  of  such 
refunding :  And  providing  further,  That  except  for  the  refund- 
ing of  outstanding  debt,  including  outstanding  bonds  and  ma- 
tured coupons  thereof,  or  judgment  thereon,  no  bonds  of  any 
class  or  description  shall  hereafter  be  issued  where  the  total 
bonded  indebtedness  of  such  county  or  township  would  thereby 
exceed  one  per  cent9  of  the  assessment  for  taxation,  as  shown 
by  the  last  finding  and  determination  by  the  proper  board  of 
equalization,  or  of  such  city,  school  district  or  board  of  educa- 
tion exceed  one  and  one-fifth  per  cent  of  such  assessment ;  but 
this  restriction  shall  not  apply  to  cities  of  the  first  class.  (Laws 
1909,  ch.  62,  sec.  2.) 

§  32.    Bonds  Issued  for  Payment  of  Outstanding  Warrants. 

[653]     That  the  school  districts  in  the  state  of  Kansas,  prior 
to  the  passage  of  this  act  having  outstanding  warrants  repre- 

9.    Bonds  can  not  be  issued  to  exceed  one  and  one-half  per  cent  for  all 
purposes,  except  as  provided  in  sections  12  to  15.     (See  section  9.) 


CH.  2]  BONDS — REFUNDING.  21 

senting  valid  indebtedness  of  the  districts  be,  and  they  are 
hereby  empowered  and  authorized  by  and  through  their  duly 
elected,  constituted  and  appointed  boards  of  directors  or  duly 
elected,  qualified  and  acting  boards  of  education  to  compromise 
and  refund  such  indebtedness  upon  such  terms  as  can  be 
agreed  upon  and  to  issue  the  bonds  of  said  district  in  any 
amount  not  to  exceed  the  actual  value  of  said  warrant  indebted-- 
ness, nor  to  exceed  five  per  cent  of  the  assessed  valuation  of  all 
the  taxable  property  in  said  district  as  ascertained  by  the 
assessor  of  the  year  1910 ;  that  said  bonds  may  be  issued  in 
any  amount  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  with  semiannual  interest  coupons  at- 
tached and  shall  be  issued  in  all  respects  in  conformity  to,  and 
in  accordance  with  an  act  entitled  "An  act  to  enable  counties, 
municipal  corporations,  boards  of  education  of  any  city  and 
school  district  to  refund  their  indebtedness,"  being  general 
sections  588  to  598,  inclusive,  of  the  General  Statutes  of  1909 : 
Provided^  That  no  limitation  expressed  in  either  act  shall  apply 
to  bonds  issued  under  this  act.  (Laws  1913,  ch.  276,  sec.  1.) 

§  33.  Amounts,  Time,  Registration  and  Payment  of  Bonds 
for  Outstanding  Indebtedness.  That  any  county,  township,  city 
or  school  district  in  this  state  now  having  authority,  or  that 
may  hereafter  be  authorized  to  refund  its  outstanding  indebt- 
edness shall  issue  such  refunding  bonds  in  installments  of 
approximately  equal  amounts  each  year,  none  of  which  re- 
funding bonds  shall  run  for  a  longer  period  than  thirty  years, 
nor  bear  interest  to  exceed  six  per  centum  per  annum,  and  shall 
annually  thereafter  levy  a  tax  in  the  same  manner  as  other 
taxes  are  now  levied  to  pay  the  installments  of  the  principal 
and  interest  of  such  bonds  next  thereafter  maturing,  and  col- 
lected in  the  same  manner  as  may  be  provided  by  law  for  the 
collection  of  other  taxes,  it  being  the  intention  of  the  legislature 
to  require  that  an  aliquot  part  of  the  principal  of  such  refunded 
bonds  shall  be  paid  annually.  (Laws  1919,  ch.  95,  sec.  1.) 

§  34.  Bonds  to  Retire  Floating  Indebtedness  of  Townships 
and  School  Districts.  Upon  the  presentation  of  a  petition 
signed  by  51  per  cent  of  the  taxpayers  of  any  township  or 
school  district,  the  board  of  township  trustees  of  the  various 
counties  of  the  state  of  Kansas  and  the  boards  of  education  be 
and  are  hereby  authorized  and  empowered  to  issue  the  bonds  of 
such  township  or  school  district  in  an  amount  sufficient  to  re- 
deem and  refund  all  outstanding  floating  indebtedness  against 
such  townships  or  school  districts  existing  at  the  time  of  the 
passage  of  this  act,  including  accumulated  interest  on  out- 
standing warrants.  The  bonds  shall  be  known  and  deemed  as 
—Funding  Bonds,"  and  shall  be  issued  in  denominations 
in  not  less  than  one  hundred  ($100)  dollars  nor  more  than  one 
thousand  ($1,000)  dollars,  with  interest  coupons  attached  and 
shall  bear  interest  at  a  rate  not  greater  than  six  per  cent 


22  BONDS — REFUNDING.  [CH.  2 

(6%)  per  annum,  payable  semiannually  the  first  days  of  Janu- 
ary and  July  in  each  year :  Provided,  however,  That  any  town- 
ship or  school  district  not  desiring  to  issue  bonds  hereinbefore 
provided  for  may  levy  a  tax  in  lieu  thereof,  not  exceeding 
three-tenths  of  a  mill  on  the  dollar  of  the  taxable  property  in 
such  township  or  school  district,  for  the  purpose  of  redeeming 
its  outstanding  and  floating  indebtedness :  Provided,  That  this 
act  shall  not  apply  to  boards  of  education  or  school  districts 
pertaining  to  cities  of  the  first  class.  (Laws  1919,  ch.  96, 
sec.  1.) 

§  35.  Time,  Registration  and  Payment  of  Bonds  for  Float- 
ing Indebtedness.  That  said  bonds  shall  be  payable  in  not  more 
than  thirty  years  from  the  date  thereof,  and  may  be  made 
payable  in  installments  and  shall  be  payable  at  the  office  of  the 
fiscal  agency  of  the  state  of  Kansas  at  such  time  within  the 
period  aforesaid  as  the  board  of  township  trustees  or  boards 
of  education  shall  designate.  Each  bond  shall  bear  on  its  face 
the  amount  thereof,  the  rate  of  interest  it  bears,  the  number  of 
such  bonds,  when  issued,  when  and  where  payable,  for  what 
purpose  issued,  and  be  payable  to  bearer;  which  bonds  to- 
gether with  the  coupons  thereto  attached  shall  be  signed  by  the 
chairman  of  the  board  and  attested  by  the  clerk  of  the  county 
and  each  bond  shall  have  the  impression  of  the  seal  of  the 
county  thereon:  Provided,  That  said  bonds  shall  not  be  sold 
until  registered  in  the  office  of  the  county  clerk  and  the  office 
of  the  auditor  of  state  and  shall  not  be  sold  for  less  than  par. 
(Laws  1919,  ch.  96,  sec.  2.) 

§  36.  Payable  at  State  Fiscal  Agency.  That  said  bonds 
shall  be  payable  in  not  more  than  thirty  years  from  the  date 
thereof,  and  may  be  made  payable  in  installments  and  shall  be 
payable  at  the  office  of  the  fiscal  agency  of  the  state  of  Kansas 
at  such  time  within  the  period  aforesaid  as  the  board  of  town- 
ship trustees  or  boards  of  education  shall  designate.  Each 
bond  shall  bear  on  its  face  the  amount  thereof,  the  rate  of 
interest  it  bears,  the  number  of  such  bonds,  when  issued,  when 
and  where  payable,  for  what  purpose  issued,  and  be  payable  to 
bearer;  which  bonds  together  with  the  coupons  thereto  at- 
tached shall  be  signed  by  the  chairman  of  the  board  and  at- 
tested by  the  clerk  of  the  county  and  each  bond  shall  have  the 
impression  of  the  seal  of  the  county  thereon :  Provided,  That 
said  bonds  shall  not  be  sold  until  registered  in  the  office  of 
the  county  clerk  and  the  office  of  the  auditor  of  state  and  shall 
not  be  sold  for  less  than  par.  (Laws  1917,  ch.  330,  sec.  2.) 

§  37.  Cancellation  of  Bonds.  It  is  hereby  made  the  duty  of 
the  fiscal  agents  of  the  state  of  Kansas  upon  the  payment  of 
any  bond  of  any  municipality  mentioned  in  section  1  of  this 
act  to  cancel  the  same  and  deliver  it  to  the  auditor  of  state, 
whose  duty  it  shall  be  to  cancel  the  same  of  record  in  his  office 


CH.  2]  BONDS — REFUNDING.  23 

and  to  return  said  canceled  bond  to  the  clerk  of  the  munici- 
pality issuing  same.  No  fee  shall  be  charged  said  municipality 
by  any  of  the  officers  mentioned  above  in  connection  with  the 
registration  or  cancellation  of  said  bonds :  Provided,  however, 
That  this  provision  shall  not  apply  to  the  regular  statutory 
fiscal  agency  fees.  (Laws  1919,  ch.  93,  sec.  3.) 

§  38.  Bond  Records.  It  is  hereby  made  the  duty  of  the  audi- 
tor of  state  to  revise  the  bond  records  in  his  office  by  canceling 
of  record  all  bonds  which  have  heretofore  been  paid,  and  for 
the  purpose  of  enabling  him  to  carry  out  the  provisions  of  this 
act  it  is  hereby  made  the  duty  of  the  clerk  of  each  city,  county, 
township,  school  district,  drainage  district,  board  of  education 
or  other  municipal  corporation,  to  furnish  to  the  said  auditor 
of  state  a  sworn  statement  of  all  outstanding  bonded  indebted- 
ness in  such  form  as  said  auditor  shall  direct,  and  said  clerks 
shall  render  any  other  necessary  assistance  required  in  the 
perfecting  of  said  records.  (Laws  1919,  ch.  93,  sec.  4.) 

§  39.  Registration  of  Bonds  by  Auditor.  That  before  any 
bond  hereafter  issued  by  any  city,  county,  township,  school 
district,  board  of  education,  drainage  district  or  other  munici- 
pal corporation  or  district  shall  become  a  valid  obligation  a 
full  and  complete  transcript  properly  certified  of  the  pro- 
ceedings leading  up  to  its  issuance  shall  be  filed  with  the  audi- 
tor of  state  and  said  bond  shall  be  registered  in  the  office  of 
the  auditor  of  state  in  proper  records  kept  for  that  purpose, 
and  after  being  so  registered,  the  state  auditor  shall  under  the 
seal  of  his  office  certify  upon  said  bonds  the  fact  that  they 
have  been  so  registered.  (Laws  1919,  ch.  93,  sec.  1.) 

§  40.  Registration  of  Bonds  by  County  Clerk.  Section  645 
of  the  General  Statutes  of  1915  is  amended  to  read  as  follows : 
Sec.  645.  The  clerk  of  every  county,  city,  township,  school 
district,  drainage  district,  board  of  education,  and  other  dis- 
tricts authorized  to  issue  bonds,  issuing  bonds,  shall  register 
the  same  in  his  office.  Such  bonds  shall  also,  in  every  case, 
except  city  bonds  and  bonds  issued  by  boards  of  education,  be 
registered  by  the  county  clerk,  showing  the  date,  number  and 
amount  thereof,  rate  of  interest,  number  of  coupons  and 
amount  of  each,  to  whom  payable,  where  payable,  date  of  ma- 
turity, and  if  optional,  under  what  conditions.  And  all  bonds 
refunded  shall  have  the  words  "Paid  in  full"  marked  in  a 
plain  manner  across  the  face  of  each  bond  and  coupon  so  re- 
funded; and  such  canceled  obligation  shall  be  carefully  pre- 
served in  the  office  of  the  county  clerk,  or  destroyed  by  the 
county  commissioners,  a  register  of  the  number,  amount  and 
date  of  issue  having -been  first  made  by  the  county  clerk.  The 
proper  officers  shall,  at  the  time  of  issuing  refunding  bonds, 
make  out  and  transfer  to  the  auditor  of  state  a  certified  state- 
ment of  all  proceedings  had  by  the  proper  board  or  city  coun- 
cil, as  shown  of  record,  and  that  the  said  bonds  have  been 


24  BONDS — REFUNDING.  [CH.  2 

issued  for  certain  indebtedness  surrendered,  distinctly  de- 
scribing the  bonds  issued  and  the  indebtedness  surrendered, 
and  that  they  have  been  duly  registered  by  the  attesting  clerk 
and  the  county  clerk,  as  required  herein ;  which  statement  shall 
be  in  such  form  and  include  such  other  information  as  the 
auditor  of  state  may  require,  and  be  signed  by  all  the  officers 
whose  signatures  are  attached  to  such  bonds,  and  attested  by 
the  proper  clerk  with  the  corporate  seal  of  the  county,  city, 
township,  school  district,  drainage  district,  or  board  of  edu- 
cation, if  any,  and  be  duly  acknowledged  before  the  county 
clerk.  And  the  auditor  shall  register  the  said  bonds  in  his 
office  in  a  book  kept  for  that  purpose,  and  shall  under  seal  of 
his  office  certify  upon  such  bonds  the  fact  that  they  have  been 
so  registered.  (Laws  1919,  ch.  93,  sec.  2.) 

§  41.  Indebtedness  Not  to  be  Increased.  [646]  In  all  cases 
in  which  any  county,  city,  township,  the  board  of  educa- 
tion of  any  city,  or  school  district,  shall  effect  a  compromise 
of  its  indebtedness  under  this  act,  at  a  rate  of  sixty-five  per 
cent  or  less  upon  the  amount  of  such  indebtedness,  and  shall 
issue  bonds  therefor  under  the  provisions  of  this  act,  such 
county,  city,  township,  the  board  of  education  of  any  city  or 
such  school  district  so  compromising  at  such  a  rate,  shall  never 
increase  its  indebtedness  beyond  the  amount  of  such  refunding 
bonds  so  issued  under  this  act  until  the  same  are  paid  or 
liquidated,  and  any  bonds  that  may  be  issued  or  indebtedness 
created  in  addition  to  isuch  amount  of  refunding  bonds  so  is- 
sued shall  be  absolutely  null  and  void.  (Laws  1879,  ch.  50, 
sec.  5.) 

§  42.  Annual  Levy.  [647]  In  every  instance  in  which  any 
county,  city,  township,  the  board  of  education  of  any  city, 
or  any  school  district,  shall  issue  bonds  under  this  act,  it  shall 
be  the  imperative  duty  of  the  proper  officers  of  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  of  such 
school  district,  whose  duty  it  may  be  to  levy  taxes,  to  annually 
levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax  suf- 
ficient in  amount  to  pay  the  interest  upon  said  bonds  and  the 
coupons  as  they  become  due,  and  to  create  a  sinking  fund  as 
provided  for  in  this  act  for  the  payment  of  the  principal  of 
^uch  bonds ;  and  if  such  officers  fail  or  neglect  to  make  such 
levy,  it  shall  be  the  duty  of  the  county  clerk  forthwith  to  levy 
such  tax ;  and  in  case  any  such  officer  shall  neglect  or  refuse  to 
levy  any  such  tax  at  the  time  aforesaid,  and  in  case  any  county 
clerk  shall  neglect  or  refuse  to  extend  such  tax  upon  the  tax- 
roll  of  the  county  at  the  proper  time,  then,  and  in  that  case, 
any  such  officer  so  neglecting  or  refusing  to  levy  or  extend 
such  tax  shall  be  severally  and  individually  liable,  and 'shall 
also  be  liable  upon  his  official  bond  to  the  holder  of  any  such 
bond  or  coupon  falling  due  during  the  year  for  which  such 
tax  should  have  been  levied  or  extended  for  the  full  amount 


CH.  2]  BONDS — REFUNDING.  25 

thereof,  as  soon  as  the  same  is  due,  which  liability  may  be 
enforced  in  a  civil  action  in  the  name  of  such  holder;  and  any 
such  officer  so  neglecting  or  refusing  to  levy  or  extend  such  tax 
shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  an  amount  equal  to  the  amount 
which  it  may  be  shown  should  have  been  so  levied  or  extended 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term 
of  not  less  than  three  nor  more  than  twelve  months.  (Laws 
1879,  ch.  50,  sec.  6.) 

§  43.  County  Treasurer  to  Make  Levy.  [648]  Should  the 
proper  officers  whose  duty  it  is  to  levy  the  taxes  to  pay  such 
bonds  and  coupons  fail  or  neglect  to  make  such  levy  as  pro- 
vided for  in  this  act,  it  shall  be  the  duty  of  the  auditor  of  state, 
at  any  time  thereafter,  to  ascertain  the  amount  of  interest 
and  sinking  fund  or  principal  of  such  bonds,  accrued  and  to 
accrue  during  that  year,  and  shall  certify  the  amount  thereof 
to  the  treasurer  of  the  county  in  which  such  bonds  were 
issued,  setting  forth  the  amount  thus  due,  and  whether  from 
the  county  or  from  a  particular  city,  township,  the  board  of 
education  of  any  city  or  school  district  within  such  county; 
and  it  shall  be  the  duty  of  such  county  treasurer,  immediately 
upon  receiving  such  certified  statement  from  the  auditor  of 
state,  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amount  of  taxable  property  in  such  county,  city, 
township,  the  board  of  education  of  any  city,  or  such  school 
district,  and  what  percentage  is  required  to  be  levied  thereon 
to  pay  said  interest  and  sinking  fund  or  principal,  and  when 
so  ascertained  shall  levy  such  percentage  upon  the  taxable 
property  of  such  county,  city,  township,  the  board  of  education 
of  any  city,  or  such  school  district,  as  may  be  liable  thereto, 
and  shall  immediately  place  the  same  upon  the  tax-roll  of  the 
county,  in  a  separate  column  or  columns,  designating  the  pur- 
pose for  which  said  taxes  are  levied ;  and  the  said  taxes  shall 
be  collected  by  the  county  treasurer  of  such  county  in  the  same 
manner  that  other  taxes  are  collected.  And  should  such  county 
treasurer  neglect  or  refuse  to  levy  such  tax  and  place  the 
same  upon  the  tax  roll  for  collection,  as  herein  provided,  he 
shall  be  personally  liable,  and  also  liable  upon  his  official  bond 
to  the  holder  of  any  such  bonds  or  coupons  then  due  for  the 
full  amount  thereof,  and  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  imprisoned 
in  the  county  jail  for  not  less  than  three  nor  more  than  twelve 
months.  (Laws  1879,  ch.  50,  sec.  7.) 

§  44.  Sinking  Fund.  [649]  It  shall  be  the  duty  of  every 
county,  city,  township,  the  board  of  education  of  any  city,  and 
of  every  school  district,  issuing  bonds  under  this  act,  and  of  the 
proper  officers  thereof,  to  create  a  sinking  fund,  and  to  levy 
annually  a  sufficient  tax  therefor,  for  the  redemption  of  such 
bonds,  which  shall  be  collected  as  other  taxes,  and  paid  into 


26  BONDS — REFUNDING.  [CH.  2 

the  treasury  as  provided  by  law  for  other  taxes,  and  shall  re- 
main as  a  specific  fund  for  the  redemption  of  said  bonds; 
the  amount  of  which  sinking  fund  shall  be  as  follows:  In 
every  instance  in  which  bonds  shall  be  issued  under  this  act 
for  twenty  years  or  less,  the  quotient  found  by  dividing  the 
amount  of  the  principal  of  such  bonds  by  such  number  of 
years  shall  be  the  amount  of  sinking  fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds ;  but  in  every  instance  in 
which  such  bonds  shall  be  issued  for  more  than  twenty  years,  it 
shall  not  be  necessary  to  create  a  sinking  fund,  or  to  levy  a  tax 
therefor,  until  the  twentieth  year  prior  to  the  maturity  of  such 
bonds,  at  which  time,  and  each  year  thereafter,  one-twentieth 
of  the  principal  amount  of  such  bonds  shall  be  levied  as  a  sink- 
ing fund  for  the  redemption  of  such  bonds :  Provided,  That  any 
county,  city,  township,  the  board  of  education  of  any  city,  or 
any  school  district  issuing  bonds  under  this  act,  may  buy  in 
and  cancel  any  such  bonds  whenever  the  .same  can  be  done  at 
or  below  par :  And  provided  further,  That  such  sinking  fund, 
when  not  required  for  the  payment  or  purchase  of  bonds,  may 
be  invested  in  bonds  of  the  United  States  or  of  the  state  of 
Kansas,  and  in  no  other  manner :  And  provided  further,  That 
under  the  provisions  of  this  act,  the  proper  officers  are  author- 
ized, if  desirable,  to  issue  installment  bonds,  running  thirty 
years,  having  coupons  attached  representing  the  semiannual 
interest  to  become  due  thereon;  and  each  coupon  attached  to 
any  installment  bond  shall,  after  five  years  from  its  date,  rep- 
resent one-fiftieth  of  its  principal,  which  amount  shall  be 
shown  by  separate  words  and  figures  aside  from  the  interest 
represented  in  the  coupon,  and  each  installment  bond  shall 
show  upon  its  face  that  its  principal  is  included  in  its  coupons. 
(Laws  1879,  ch.  50,  sec.  8.) 

§  45.  Investment  of  Sinking  Fund.  That  section  680  of  the 
General  Statutes  of  Kansas  of  1915  be  amended  to  read  as 
follows :  Sec.  680.  That  the  proper  officers  having  charge  and 
control  of  any  moneys  which  have  been  or  may  hereafter  be 
levied  and  collected  as  a  sinking  fund  to  redeem  the  outstand- 
ing bonds  of  any  county,  township,  city  or  school  district  may 
invest  such  sinking  fund  by  purchasing  the  bonds  of  any 
county,  township,  city  or  school  district  within  the  state  of 
Kansas,  subject  to  the  following  conditions:  First,  no  such 
bonds  shall  be  purchased  unless  the  same  shall  be  accompanied 
by  a  certificate  of  the  attorney-general  of  the  state  of  Kansas 
in  accordance  with  section  6  of  chapter  110  of  the  General 
Statutes  of  1909  of  the  state  of  Kansas,  showing  such  bonds 
to  be  acceptable  as  security  for  deposit  of  state  funds  under 
the  state  depository  law.  Second,  no  such  bonds  shall  be  pur- 
chased under  this  act  which  shall  not  mature  and  become  due 
at  or  prior  to  the  time  fixed  for  the  payment  of  the  bonds  for 
which  such  sinking  fund  was  created.  Third,  no  sinking  fund 


CH.  2]  BONDS — REFUNDING.  27 

shall  be  invested  under  this  act  in  the  bonds  of  any  county, 
township,  city  or  school  district  where  the  bonded  and  float- 
ing indebtedness  thereof  shall  exceed  ten  per  cent  of  its  total 
assessed  valuation  as  shown  by  the  last  assessment  preceding 
such  investment.  Fourth,  any  officer  or  officers  investing 
sinking  funds  under  this  act  shall  be  authorized  to  pay  such 
premium  as  may  be  necessary  to  secure  the  bonds  desired  in 
the  open  market:  Provided,  That  no  premium  shall  be  paid 
for  any  bonds  purchased  under  this  act  which  shall  have  the 
effect  of  reducing  the  annual  income  from  such  investment  to 
less  than  three  per  cent :  Provided  further,  That  in  cities  of 
the  first  class  having  a  population  in  excess  of  85,000,  the 
proper  officers  having  charge  and  control  of  moneys  as  herein- 
before described  may  and  are  authorized,  in  cases  where  work 
is  being  performed  in  and  for  such  city,  by  an  original  con- 
tractor with  such  city,  under  contract  and  bonds  as  pro- 
vided by  law,  and  such  city  is  about  to,  or  has  issued  bonds 
to  enable  it  to  pay  for  such  work  or  improvement,  but  such 
bonds  have  not  been  sold,  or  the  proceeds  of  such  bonds  have 
not  been  received  by  such  city,  loan  or  advance  to  said  con- 
tractor, out  of  such  moneys  held  as  a  sinking  fund  or  funds, 
upon  a  partial  estimate  duly  issued  to  such  contractor,  and  duly 
assigned  to  such  city,  for  a  period  not  exceeding  ninety  days, 
a  sum  of  money  not  exceeding  eighty-five  per  cent  of  the 
amount  of  such  partial  estimate,  at  a  rate  of  interest  not  less 
than  four  and  one-half  per  cent  per  annum,  which  moneys  so 
loaned  or  advanced  shall  be  immediately  returned  to  and  re- 
placed in  the  sinking  fund  from  which  the  same  has  been 
taken  out  of  the  first  moneys  received  by  such  city  from  the 
sale  of  said  bonds.  No  such  loan  or  advance,  however,  shall  be 
made  unless  the  bonds  of  said  city  issued  or  to  be  issued  for 
the  payment  of  such  contract  are  to  be  sold  within  the  said 
period  of  ninety  days;  and  no  moneys  shall  be  taken  for  the 
purpose  of  such  loan  or  advance,  from  any  sinking  fund  or 
funds,  for  the  payment  of  bonds  maturing  within  six  months 
from  the  date  of  the  making  of  such  loan  or  advance.  All 
moneys  received  as  interest  upon  the  loan  or  advance  herein- 
before provided  for  shall,  upon  its  receipt  by  such  officers,  be 
immediately  placed  in  the  particular  sinking  fund  from  which 
such  loan  or  advance  was  made  and  credited  to,  and  thereafter 
form  a  part  of  such  sinking  fund.  (Laws  1919,  ch.  94,  sec.  1.) 
§  46.  Coupons  Paid  and  Destroyed.  [650]  Whenever  the 
bonds  or  interest  coupons  issued  under  this  act  shall  become 
due,  they  shall  be,  on  presentation,  promptly  paid  by  the 
proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 
lected for  that  purpose ;  and  he  shall  indorse  upon  the  face  of 
any  bond  or  coupon  paid  by  him,  in  red  ink,  the  word  "Paid," 
and  the  date  of  payment,  and  sign  his  name  thereto,  and  at 
each  settlement  he  shall  turn  over  the  bonds  and  coupons  so 


28  BONDS — REFUNDING.  [CH.  2 

paid  and  canceled,  which  shall  be  carefully  preserved,  or  de- 
stroyed. (Laws  1879,  ch.  50,  sec.  9.) 

§47.  Penalty  for  Wrongful  Use  of  Money.  [651]  Any 
person  who  shall  appropriate,  use,  or  aid  or  abet  in  appro- 
priating or  using,  any  of  the  funds  or  moneys  mentioned  in 
this  act,  for  any  other  purpose  than  as  in  this  act  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  a  sum  equal  to  the  amount  of  money 
so  appropriated  or  used,  and  imprisoned  in  the  county  jail  for 
not  less  than  three  nor  more  than  twelve  months,  and  shall 
also  be  liable  in  a  civil  action  for  the  amount  misappropriated 
or  used,  to  be  prosecuted  by  any  such  bondholder  or  other 
party  entitled  thereto.  (Laws  1879,  ch.  50,  sec.  10.) 

§  48.  Coupons  Receivable  for  Taxes.  [652]  The  interest 
coupons  provided  for  in  this  act  shall,  as  fast  as  they  become 
due,  be  receivable  in  payment  of  taxes  due  to  the  particular 
county,  city,  the  board  of  education  of  any  city,  the  township 
or  school  district  which  may  have  issued  such  coupons,  and 
shall  be  received  by  all  collecting  officers  the  same  as  cash,  in 
payment  of  such  taxes.  (Laws  1879,  ch.  50,  sec.  11.) 

§  49.  Merged  Districts  May  Refund  Bonded  Indebtedness. 
[9185]  That  the  officers  of  any  school  district  or  joint  district, 
containing  all,  the  greater  amount  or  an  equal  amount  to  the 
largest  fraction  contained  in  any  other  existing  district,  of 
the  territory  of  a  school  district  heretofore  or  hereafter  dis- 
organized (under  chapter  177  of  the  Laws  of  1899,  or  chapter 
305  of  the  Laws  of  1901),  are  hereby  authorized  and  em- 
powered to  compromise  and  refund  the  legally  existing  bonded 
indebtedness  of  the  merged  district  and  to  issue  refunding 
bonds  in  the  manner  and  upon  the  terms  prescribed  by  chap- 
ter 50  of  the  Laws  of  1879  and  the  amendments  thereto. 
(Laws  1903,  ch.  430,  sec.  1.) 

§  50.  Form  of  Bonds.  [9186]  Bonds  issued  under  this  act 
shall  contain  a  recital  that  they  are  issued  in  pursuance  of 
this  act  and  of  chapter  50  of  the  Laws  of  1879  and  the  amend- 
ments thereto,  and  shall  run  in  the  name  of  the  merged  school 
district,  and  may  be  substantially  in  the  following  form : 

STATE    OF    KANSAS. 

No $ 

MERGED    SCHOOL-DISTRICT   REFUNDING   BOND. 

BE  IT  KNOWN,  That  merged  school  district  No county 

state  of  Kansas,  is  indebted  to in  the  sum  of dollars, 

bearing  interest  from  date  at  the  rate  of per  cent  per  annum,  payable 

semiannually,  on  the  1st  day  of  January  and  July  in  each  year,  at  the 

office  of  ....,  in  the  city  of ,  and  for  which  coupons  are 

hereto  attached. 

This  bond  is  one  of bonds,  amounting  in  the  aggregate  to  $ 

issued  for  the  purpose  of  refunding  the  legally  existing  bonded  indebted- 
ness of  said  merged  district,  and  in  pursuance  of  chapter  430  of  the  Laws 


CH.  2]  BONDS — REFUNDING.  29 

of  1903,  and  chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 

The  principal  of  this  bond  is  made  payable  at  the  office  of  the ,  in 

lawful  money  of  the  United  States,  on  the  1st  day  of ,  ;  and 

for  such  payment  the  faith  and  property  of  the  territory  comprised  in 
said  merged  district  at  the  time  of  its  disorganization  is  hereby  pledged. 

Said  merged  district  was  disorganized  on  the day  of ,  19 , 

and  the territory  thereof  was,  on  the day  of ,  19 , 

incorporated  with  school  district  No ,  county,  state  of  Kan- 
sas. The  officers  signing  this  bond  hereby  certify  that  all  the  require- 
ments of  law  have  been  fully  complied  with. 

IN  TESTIMONY  WHEREOF,  This  bond  has  been  issued  and  signed  by  the 
director,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of 
school  district  No. ,  and  registered  by  the.  county  clerk. 

Dated   at ,   county  of ,   state   of  Kansas,   this day 

of ,  19 

Signed:     Director. 

Attested:     Clerk. 

Countersigned:  Treasurer. 

§  51.  Commissioners  to  Levy.  [9187]  It  shall  be  the  duty 
of  the  county  commissioners  of  the  county  in  which  the  ter- 
ritory of  such  merged  district  lies  to  annually  cause  to  be 
levied  upon  the  property,  real  and  personal,  in  the  territory  of 
such  merged  district,  a  tax  sufficient  to  meet  the  interest  and 
provide  a  sinking  fund  for  the  payment  of  the  indebtedness  so 
refunded.  In  case  of  the  disorganization  and  merger  of  any 
joint  district,  such  tax  shall  be  levied  by  the  county  commis- 
sioners of  the  respective  counties  wherein  the  territory  of  the 
merged  district  lies,  and  the  moneys  arising  out  of  said  levies, 
when  collected,  shall  be  paid  to  the  treasurer  of  the  county 
having  the  greater  amount  of  the  territory  of  said  district,  in 
the  manner  prescribed  by  section  1,  chapter  226,  of  the  Laws 
of  1889.  (Laws  of  1903,  ch.  430,  sec.  2.) 

§  52.  Suits  against  Merged  Districts.  [9188]  Suits  may  be 
brought  by  or  against  merged  districts  respecting  bonds  so 
issued,  and  the  school-district  officers  issuing  said  bonds  or 
their  successors  shall  appear  for  and  in  behalf  of  said  merged 
district.  (Laws  1903,  ch.  430,  sec.  4.) 

§  53.  May  Take  up  Merged-district  Bonds.  [9189]  That 
the  qualified  voters  of  any  school  district  or  joint  district  con- 
taining all  of  the  territory  of  two  or  more  school  districts  here- 
tofore or  hereafter  disorganized  may,  by  a  majority  vote 
thereof,  at  a  special  election  called  for  that  purpose,  vote  to 
issue  the  bonds  of  such  joint  district  for  the  purpose  of  re- 
funding or  taking  up  of  the  bonds  of  the  merged  or  disorgan- 
ized district  contained  in  such  joint  district.  Such  bonds 
shall  recite  that  they  are  issued  in  pursuance  of  this  act,  and 
shall  run  in  the  name  of  the  joint  school  district:  Provided, 
That  no  greater  amount  of  bonds  shall  be  issued  under  this  act 
than  the  total  amount  of  bonds  outstanding  of  the  merged 
districts  whose  territory  is  contained  in  such  joint  district. 
(Laws  1903,  ch.  430,  sec.  5.) 


30  BONDS — REFUNDING.  [CH.  2 

§  54.  Law  Governing  Such  Indebtedness.  [9190]  Such  in- 
debtedness so  created  shall  be  considered  and  treated  as  and 
shall  be  governed  by  the  laws  relating  to  the  general  indebted- 
ness of  school  districts.  (Laws  1903,  ch.  480,  sec.  6.) 

§  55.  Bonds  of  Disorganized  Districts.  [8928]  If  any  dis- 
organized school  district  has  a  legally  existing  bonded  in- 
debtedness at  the  time  of  its  disorganization,  such  indebted- 
ness shall  attach  to  and  be  a  charge  against  the  territory 
comprised  in  such  disorganized  district  at  the  time  of  its  dis- 
organization;  and  it  shall  be  the  duty  of  the  county  commis- 
sioners of  such  county  annually  to  cause  to  be  levied  upon  the 
property,  real  or  personal,  in  such  disorganized  territory  a  tax 
sufficient  to  meet  the  interest  and  provide  a  sinking  fund  for 
the  payment  of  such  indebtedness.  Whenever  the  bonded  in- 
debtedness of  any  disorganized  district  can  be  advantageously 
compromised  and  refunded,  the  officers  of  the  school  district 
to  which  such  disorganized  district  shall  be  attached,  or  has 
heretofore  been  attached,  or  into  which  it  has  been  merged, 
shall  have  the  power,  and  it  shall  be  their  duty,  to  issue  re- 
funding bonds  for  such  purpose,  in  the  same  manner  and 
under  the  same  restrictions  and  regulations  now  provided  by 
law  for  the  refunding  of  other  school-district  bonds.  (Laws 
1905,  ch.  383,  sec.  1.) 

§  56.  Outstanding  Indebtedness  in  Certain  Districts.  That 
every  school  district  in  this  state  situated  in  a  county  having 
an  assessed  valuation  of  not  less  than  $10,900,000  and  not 
more  than  $11,000,000  and  a  population  of  not  less  than  5,400 
nor  more  than  6,000  is  hereby  authorized  and  empowered  to 
refund  its  outstanding  indebtedness  for  which  bonds  have  not 
heretofore  been  issued  to  the  amount  of  $10,000  by  an  issue  of 
bonds  in  denominations  of  not  less  than  two  hundred  and  fifty 
dollars  nor  more  than  one  thousand  dollars  each,  running  for 
ten  years,  drawing  interest  at  a  rate  of  not  more  than  six  per 
cent  semiannually,  and  payable  in  ten  equal  annual  install- 
ments. (Laws  1920,  ch.  56,  sec.  1.) 


CH.  3] 


BUSINESS   COLLEGES. 


31 


CHAPTER  HI.— -Business  Colleges. 


§57.   Permit  to  canvass. 

58.  Revocation  of  permit  to  canvass. 

59.  Permit  to  be  shown  by  agent. 


;60.   Penalty  for  canvassing  without  a  per- 
mit. 
61.   Notes  or  contracts,  void,  when. 


§  57.  Permit  to  Canvass.  [9422]  That  it  shall  be  unlawful 
for  any  representative  or  any  agent  of  any  business  college,  or 
commercial  department  of  any  other  school,  to  canvass  in  the 
state  of  Kansas  for  the  purpose  of  selling  tuition  in  advance, 
or  to  contract,  or  to  secure  their  note  for  any  tuition  before  the 
registration  of  said  student  in  the  college  register  at  the  col- 
lege, without  the  school  first  making  application  to  the  state 
superintendent  of  public  instruction  and  receiving  from  him  a 
written  permit,  granting  such  school  this  privilege.  The  state 
superintendent  of  public  instruction,  upon  receipt  of  said  appli- 
cation, shall,  before  granting  such  a  permit,  publish  a  notice  of 
said  application  in  the  official  state  paper  for  a  term  of  thirty 
days,  at  the  end  of  which  time  he  shall  grant  the  school  mak- 
ing application  such  permit:  Providing,  however,  That  satis- 
factory proof  has  not  come  to  his  knowledge,  after  a  diligent 
inquiry,  that  said  school  or  business  college  or  commercial  de- 
partment is  incompetent  to  furnish  such  a  course  of  instruction 
as  it  advertises,  or  that  the  moral  surroundings  of  the  institu- 
tion are  not  good,  or  that  the  premises  are  kept  in  an  un- 
healthy condition,  or  that  the  agents  of  said  institution  use 
misrepresentations  or  fraudulent  methods  in  securing  con- 
tracts, notes  or  cash  from  prospective  students,  and  in  either 
of  these  cases  he  shall  refuse  to  grant  them  a  permit.  (Laws 
1909,  ch.  204,  sec.  1.) 

§  58.  Revocation  of  Permit  to  Canvass.  [9423]  After  hav- 
ing granted  any  business  college,  commercial  school,  or  com- 
mercial department  of  any  other  school  a  permit  to  canvass, 
and  such  school  shall  violate  any  of  the  conditions  required 
to  secure  a  permit,  then  the  state  superintendent  of  public 
instruction  shall  revoke  the  permit  and  shall  not  reissue  a 
permit  to  that  school  until  he  is  satisfied  that  they  will  comply 
with  the  foregoing  requirements.  (Laws  1909,  ch.  204,  sec.  2.) 

§  59.  Permit  to  be  Shown  by  Agent.  [9424]  Any  agent  or 
representative  of  any  such  school  doing  business  within  the 
state,  or  without  the  state,  when  operating  within  the  state  of 
Kansas,  shall,  upon  request  of  any  person,  show  a  permit  or 
certified  copy  thereof,  showing  that  the  school  he  represents 
has  permission  to  canvass  within  the  state.  (Laws  1909,  ch. 
204,  sec.  3.) 

§  60.  Penalty  for  Canvassing  without  a  Permit.  [9425] 
Any  person  who  shall  violate  this  act  by  canvassing  for  stu- 
dents with  the  intention  of  selling  tuition  for  cash,  contract  or 


32  BUSINESS   COLLEGES.  [CH.  3 

note  for  any  business  college,  commercial  school,  or  any  com- 
mercial department  of  any  other  school  without  first  having 
this  permit  from  the  state  superintendent  of  public  instruc- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  five  hundred  dollars, 
or  by  imprisonment  not  to  exceed  thirty  days,  or  by  both  such 
fine  and  imprisonment.  (Laws  1909,  ch.  204,  sec.  4.) 

§  61.    Notes  or  Contracts  Void,  When.    [9426]    Any  note  or 
contract  taken  by  any  such  business  college  or  the  commercial 
department  of  any  other  school,  or  their  agents  or  representa- 
tives, for  tuition  without  first  having  complied  with  the  pro 
visions  of  this  act  shall  be  void.    (Laws  1909,  ch.  204,  sec.  5.) 


CH.4] 


CERTIFICATES — STATE. 


33 


CHAPTER  IV.— Certification  of  Teachers. 
ARTICLE  I.— State  Certificates. 


§62.  Authority    of    State    Board    of    Educa- 
tion; validity  of  state  certificates. 

63.  Three-year   certificates. 

64.  Permanent  certificates. 

65.  Three-year    certificates    renewable    for 

life/ 

66.  Life  diplomas. 

67.  Special  certificates. 

68.  Normal   training  teachers'    certificates. 

69.  Three-year  elementary  certificates. 

70.  Permanent  elementary  certificate. 

71.  Certificates  of  high-school  teachers. 

72.  Certificate  for  experience. 

73.  Temporary  certificates. 

74.  Accredited  colleges;  approval  of  course 

of  study. 

75.  Subject  to  examination;  standard. 

76.  Certificates  issued  to  college  graduates. 

77.  Eligible  institutions. 

78.  Graduates  of  school  of  arts  in  certain 

institutions. 

79.  Normal  courses  with  practice  teaching. 

80.  State    normal    schools;    common-school 

certificate. 


§81.   State    normal    schools;     one-year    cer- 
tificates. 

82.  State   normal    schools;    three-year    cer- 

tificates. 

83.  State  normal  schools;   life  certificates. 

84.  State  normal  school ;  life  diplomas. 

85.  State   normal   schools;    when    act   shall 

take  effect, 

86.  State    normal    schools;    special    certifi- 

cates. 

87.  Normal-school    certificates    signed    and 

registered    by    state    superintendent. 

88.  Recognition   of   certificates   from   other 

states. 

89.  Registration  of  state  certifies! its. 

90.  Duty    of    certain    officers    to    register 

state  certificates. 

91.  Unlawful  to  pay  salary  unless  certifi- 

cate is  registered. 

92.  Report  of  registration. 

93.  Certificates  void,  when. 

94.  Certificates  canceled,  when. 

95.  No    revival    of    lapsed    certificates    lv 

statute. 


§62.  Authority  of  State  Board  of  Education;  Validity  of 
State  Certificates.  [8993]  The  State  Board  of  Education  shall 
have  authority  to  hold  examinations  and  to  issue  teachers' 
certificates  to  persons  of  good  moral  character  who  may  give 
satisfactory  evidence  of  the  requisite  scholarship,  culture,  pro- 
fessional attainments  and  ability,  as  provided  in  this  act ;  and 
all  certificates  issued  by  the  State  Board  of  Education  shall  be 
valid  in  any  township,  county,  school  district,  or  city  of  the 
first  or  second  class  for  the  time  specified  in  the  certificate 
unless  sooner  revoked  by  the  State  Board  of  Education.  All 
certificates  issued  by  the  State  Board  of  Education  shall  be 
countersigned  by  the  state  superintendent  of  public  instruc- 
tion and  such  certificates  shall  supersede  the  necessity  of  all 
examinations  by  county,  city  or  other  local  boards  of  examin- 
ers. (Laws  1915,  ch.  298,  sec.  1.) 

§  63.  Three-year  Certificates.  [8995]  Three-year  certifi- 
cates may  be  issued  by  the  State  Board  of  Education  to  per- 
sons who,  by  written  examination  in  branches  prescribed  by 
the  board,  may  show  satisfactory  evidence  of  their  qualifica- 
tions for  such  certificate.  In  lieu  of  all  or  part  of  such  exam- 
ination the  State  Board  of  Education  shall  accept  satisfactory 
evidence  showing  that  the  applicant  has  completed  a  four-year 
high  school  course  of  study  approved  by  the  board,  and  in 
addition  thereto  has  completed  at  least  a  two-years'  course  of 
study  in  a  normal  school,  college,  or  university  accredited  by 
the  State  Board  of  Education.  The  three-year  certificates  thus 
issued  shall  be  valid  in  any  elementary  school,  and  may  be- 
come valid  in  high  schools  under  such  regulations  as  the  state 

2 — School  Laws — 2728 


34  CERTIFICATES — STATE.  [CH.  4 

board  may  prescribe.  The  three-year  certificates  herein  pro- 
vided for  may  be  renewed  successively  for  three-year  periods 
provided  that  the  holders  comply  with  such  requirements  as 
may  be  made  by  the  State  Board  of  Education  for  such  re- 
newal. (Laws  1915,  ch.  298,  sec.  3.) 

§  64.  Permanent  Certificates.  That  to  any  person  to  whom 
a  three-year  certificate  shall  have  been  issued  in  accordance 
with  section  8995  of  the  General  Statutes  of  Kansas  for  1915, 
the  State  Board  of  Education  shall  issue  a  permanent  certifi- 
cate valid  for  teaching  in  any  school  in  which  the  original 
three-year  certificate  was  valid :  Provided,  That  such  person 
shall  have  been  successfully  and  continuously  engaged  either  in 
teaching  in  the  grade  or  department  of  school  named  in  the 
original  certificate  or  in  supervising  teaching  in  the  public 
schools  of  this  state,  or  in  both  such  teaching  and  supervising, 
for  not  less  than  three  years :  Provided  further,  That  atten- 
dance at  any  accredited  normal  school,  college  or  university 
for  one  year  during  such  interval,  for  which  full  credit  is 
given  by  such  normal  school,  college  or  university,  shall  be 
allowed  as  equivalent  to  experience  in  teaching  or  supervising. 
(Laws  1919,  ch.  259,  sec.  1.) 

§  65.  Three-year  Certificates  Renewable  for  Life.  [8996] 
Three-year  certificates  renewable  for  life  may  be  issued  by 
the  State  Board  of  Education  to  persons  who,  by  written  ex- 
amination in  branches  prescribed  by  the  state  board,  may 
show  satisfactory  evidence  of  their  qualifications  for  such  cer- 
tificates. In  lieu  of  all  or  part  of  such  examination  the  state 
board  shall  accept  satisfactory  evidence  showing  that  the  ap- 
plicant has  completed  a  four-year  high  school  course  approved 
by  the  board,  and  in  addition  thereto  has  completed  a  four- 
year  course  of  study  in  a  normal  school,  college,  or  university 
accredited  for  this  purpose  by  the  State  Board  of  Education. 
The  certificates  thus  issued  shall  be  valid  in  any  elementary 
school  or  high  school  in  the  state.  At  the  expiration  of  said 
certificate  the  State  Board  of  Education  shall  issue  a  life  cer- 
tificate provided  that  the  holder  has  taught  successfully  at 
least  two  years  after  the  three-year  certificate  was  issued  and 
has  complied  with  the  requirements  of  the  state  board  for  the 
renewal  of  such  certificates :  Provided,  That  such  life  certifi- 
cates shall  lapse  if  for  three  consecutive  years  the  holder 
thereof  is  not  engaged  in  teaching  or  in  some  form  of  educa- 
tional work ;  but  lapsed  life  certificates  or  diplomas  may  be  re- 
vived by  the  State  Board  of  Education.  (Laws  1915,  ch.  298, 
sec.  4.) 

§  66.  Life  Diplomas.  [8997]  The  State  Board  of  Education 
may  issue  life  diplomas  to  teachers  of  eminent  ability  who 
possess  the  qualifications  required  for  three-year  renewal  cer- 
tificates as  provided  in  section  4  of  this  act,  and  who  have  been 
engaged  in  teaching  for  not  less  than  five  years  and  who  have 


[.  4]  CERTIFICATES — STATE.  35 

,ught  not  less  than  two  years  in  Kansas.  Such  diplomas 
shall  be  valid  as  teachers'  certificates  in  any  township,  county, 
school  district,  or  city  of  the  first  or  second  class  during  the 
lifetime  of  the  holder,  unless  revoked  by  the  State  Board  of 
Education.  (Laws  1915,  ch.  298,  sec.  5.) 

§  67.  Special  Certificates.  That  section  8998  of  the  General 
Statutes  of  Kansas  for  1915  is  hereby  amended  so  as  to  read 
as  follows:  Sec.  8998.  Special  certificates  may  be  issued  by 
the  State  Board  of  Education  to  persons  who  by  examination 
or  otherwise  may  show  satisfactory  evidence  of  their  qualifi- 
cations as  teachers  of  kindergartens,  manual  training,  domestic 
science,  domestic  art,  agriculture,  commercial  branches,  physi- 
cal training,  music,  drawing  and  such  other  highly  specialized 
subjects  as  may  be  designated  by  the  state  board.  Such  cer- 
tificates shall  be  valid  in  any  public  school  of  the  state  for 
teaching  in  the  department  or  subject  specified  in  the  certifi- 
cate and  in  no  other  department  or  subject  than  those  thus 
specified,  for  three  years,  and  may  be  renewed  successively  for 
three-year  periods  on  conditions  prescribed  by  the  State  Board 
of  Education.  (Laws  1919,  ch.  259,  sec.  4.) 

§  68.  Normal  Training  Teachers'  Certificates.  [8999]  Nor- 
mal training  teachers'  certificates  may  be  issued  by  the  State 
Board  of  Education  as  herein  provided  to  graduates  from 
normal  training  courses  in  high  schools  and  academies  ac- 
credited for  this  purpose  by  the  State  Board. of  Education. 
Said  certificates  shall  be  valid  in  elementary  schools  in  any 
county  of  the  state,  for  a  period  of  two  years,  and  shall  be 
renewable  for  successive  two-year  periods,  on  conditions  pre- 
scribed by  the  State  Board  of  Education.  On  the  third  Fri- 
day in  May  and  the  succeeding  Saturday  of  each  year  an  ex- 
amination of  applicants  for  normal  training  certificates  shall 
be  held  in  the  county  seat  of  each  county  in  which  there  is 
located  one  or  more  accredited  normal  training  schools  under 
such  rules  as  the  State  Board  of  Education  may  prescribe. 
This  examination  shall  be  conducted  by  the  county  board  of 
examiners,  each  of  whom  shall  receive  for  his  services  the 
compensation  provided  by  law  for  holding  county  teachers' 
examinations.  Each  applicant  for  a  certificate  shall  pay  a  fee 
of  one  dollar,  and  the  money  so  collected  shall  be  turned  into 
the  county  normal  institute  fund.  The  examination  questions 
shall  be  prepared  by  the  State  Board  of  Education  and  shall 
be  forwarded  to  county  superintendents  by  the  state  superin- 
tendent of  public  instruction.  The  package  containing  the 
questions  shall  not  be  opened  except  in  the  presence  of  a 
majority  of  the  examining  board  on  the  day  and  hour  for  the 
examination.  Immediately  at  the  close  of  the  examination  the 
manuscripts  shall  be  properly  wrapped  and  sealed  and  sent, 
carriage  prepaid,  to  the  state  superintendent  of  public  instruc- 
tion, and  said  manuscripts  shall  be  graded  under  the  direction 


36  CERTIFICATES — STATE.  [CH.  4 

of  the  State  Board  of  Education.  A  fee  of  seven  dollars  shall 
be  sent  to  the  state  superintendent  of  public  instruction  from 
the  funds  of  each  school  participating  in  the  examination  and 
all  money  received  from  this  source  shall  be  turned  into  the 
state  treasury,  and  shall  become  available  to  pay  the  expenses 
incurred  by  the  State  Board  of  Education  in  the  grading  of 
said  manuscripts.  All  moneys  or  so  much  thereof  as  necessary 
received  from  such  source  during  the  fiscal  years  ending  June 
30,  1916,  and  June  30,  1917,  are  hereby  appropriated  to  pay  for 
said  expenses  of  said  State  Board  of  Education.  Said  expenses 
shall  be  paid  on  the  warrants  of  the  state  auditor  upon  duly 
certified  vouchers  approved  by  the  state  superintendent  of  pub- 
lic instruction.  (Laws  1915,  ch.  298,  sec.  7.) 

§  69.  Three-year  Elementary  Certificates.  [9000]  Three- 
year  elementary  certificates  may  be  issued  by  the  State  Board 
of  Education  to  persons  who  hold  first-grade  certificates  issued 
by  boards  of  county  examiners  and  to  persons  holding  cer- 
tificates issued  by  examining  boards  in  cities  of  the  first  or  sec- 
ond class :  Provided,  That  such  persons  have  completed  a  four- 
year  course  of  study  in  a  high  school  approved  by  the  State 
Board  of  Education  and  in  addition  thereto  have  completed  a 
two-year  course  of  study  in  a  normal  school,  college,  or  uni- 
versity accredited  by  the  State  Board  of  Education;  or  who 
in  lieu  of  taking  such  two-year  course  in  a  normal  school,  col- 
lege, or  university  have  had  four  years  of  successful  experi- 
ence in  teaching,  satisfactory  evidence  of  which  shall  be  sub- 
mitted to  the  State  Board  of  Education.  The  three-year  ele- 
mentary certificate  thus  issued  shall  be  valid  in  any  elementary 
school  of  the  state.  The  three-year  elementary  certificates 
herein  provided  for  may  be  renewed  successively  for  three- 
year  periods,  provided  that  the  holders  comply  with  such  regu- 
lations as  the  state  board  may  make  for  such  renewal.  (Laws 
1915,  ch.  298,  sec.  8.) 

§  70.  Permanent  Elementary  Certificate.  That  to  any  per- 
son to  whom  a  three-year  elementary  certificate  shall  have  been 
issued  in  accordance  with  section  9000  of  the  General  Statutes 
of  Kansas  for  1915,  the  State  Board  of  Education  shall  issue  a 
permanent  certificate  valid  for  teaching  in,elementary  schools : 
Provided,  That  such  person  shall  have  been  successfully  and 
continuously  engaged  in  teaching  in  the  grade  or  department 
of  school  named  in  the  original  certificate,  or  in  supervising 
teaching  in  the  public  schools  of  this  state,  or  in  both  such 
supervising  and  teaching,  for  not  less  than  three  years-  Pro- 
vided further,  That  attendance  at  any  accredited  normal 
school,  college  or  university  for  one  year  during  such  interval, 
tor  which  full  credit  is  given  by  such  normal  school,  college 
or  university,  shall  be  allowed  as  equivalent  to  experience  in 
teaching  or  supervising.  (Laws  1919,  ch.  259,  sec  2  ) 


CH.  4]  CERTIFICATES — STATE.  37 

§  71.  Certificates  of  High-school  Teachers.  [9001]  After 
September  1,  1916,  no  person  shall  teach  in  any  four-year  ac- 
credited high  school  in  any  township,  county,  district,  or  city 
of  the  first  or  second  class  who  does  not  hold  a  certificate  as  a 
high-school  teacher  issued  by  the  State  Board  of  Education  or 
by  one  of  the  Kansas  State  Normal  Schools,  and  after  Sep- 
tember 1,  1916,  it  shall  be  unlawful  for  any  township  or  county 
high-school  board,  district  board,  or  board  of  education  of  any 
city  of  the  first  or  second  class  to  use  any  part  of  the  public 
funds  to  pay  any  high-school  teacher  in  any  four-year  ac- 
credited high  school  who  does  not  hold  a  certificate  as  herein 
provided  authorizing  such  person  to  teach  in  the  public  high 
schools  of  the  state :  Provided,  That  no  person  holding  a  valid 
teacher's  certificate  at  the  time  when  this  act  shall  take  effect 
who  at  that  time  shall  be  employed  as  a  teacher  in  any  four- 
year  accredited  high  school  in  this  state,  shall  be  prohibited 
from  teaching  in  any  high  school ;  nor  shall  any  board  be  pro- 
hibited from  employing  such  person  as  a  high-school  teacher 
or  from  paying  him  from  public  funds.  (Laws  1915,  ch.  298, 
sec.  9.) 

NOTE. — This  act  took  effect  on  its  publication  in  the  official  state  paper 
March  26,  1915. 

§  72.  Certificate  for  Experience.  That  to  any  person  who  at 
the  time  when  this  act  shall  take  effect  shall  have  been  suc- 
cessfully employed  for  not  less  than  three  years  in  this  state 
as  a  teacher  in  any  high  school,  deemed  to  have  been  such  by 
the  State  Board  of  Education,  or  successfully  and  continuously 
engaged  either  in  teaching  in  such  high  school,  or  in  supervis- 
ing as  county  superintendent  in  the  public  schools  of  this  state, 
or  in  both  such  teaching  and  superintending,  for  a  period  of 
not  less  than  five  years,  and  who  during  such  employment  shall 
have  held  a  valid  teacher's  certificate,  the  State  Board  of  Edu- 
cation shall  issue  a  certificate  valid  for  teaching  in  such  high 
school  and  in  no  other  school  or  department  for  life.  (Laws 
1919,  ch.  259,  sec.  3.) 

NOTE. — This  act  took  effect  Apr.  7,  1919. 

§  73.  Temporary  Certificates.  [9002]  The  State  Board  of 
Education  may  issue  temporary  teachers'  certificates  valid  for 
one  year  only  in  such  schools  and  departments  as  may  be  speci- 
fied in  said  certificate,  provided  that  such  temporary  cer- 
tificates shall  be  issued  only  in  an  emergency  in  order  to  supply 
the  schools  with  legally  qualified  teachers ;  and  the  State  Board 
shall  have  power  to  make  all  rules  and  regulations  relating  to 
such  temporary  certificates:  Provided,  That  no  person  shall 
receive  more  than  one  such  certificate.  (Laws  1915,  ch.  298, 
sec.  10.) 

§  74.  Accredited  Colleges;  Approval  of  Course  of  Study. 
[9017]  Upon  application  of  any  college  or  university,  or  educa- 


38  CERTIFICATES — STATE.  [CH.  4 

tional  institution  of  like  standing,  incorporated  under  the  gen- 
eral laws  of  the  state  of  Kansas,  and  requiring  a  four-year 
high-school  course  or  its  equivalent,  approved  by  the  State 
Board  of  Education,  as  a  condition  of  admission  to  its  fresh- 
man  class,  the  State  Board  of  Education  shall  have  the  power 
to  examine  the  course  of  study  prescribed  and  the  character  of 
the  work  done  by  it,  and  if  in  the  judgment  of  said  board  the 
course  of  study  and  the  character  of  the  work  done  shall  be  of 
such  standing  as  to  prepare  the  graduates  of  such  institution 
to  teach  successfully  in  the  public  schools  of  this  state,  and  if 
said  institution  maintains  a  department  of  education  and  the 
course  of  study  prescribed  includes  work  in  said  department 
satisfactory  to  the  State  Board  of  Education,  the  board  shall 
place  such  institution  on  the  accredited  list.  (Laws  1911,  ch. 
276,  sec.  1.) 

§75.  Subject  to  Examination;  Standard.  [9018]  Any  insti- 
tution on  the  accredited  list  shall  be  subject  to  examination 
by  the  State  Board  of  Education  at  its  pleasure  with  respect 
to  its  course  of  study,  its  equipment,  and  the  character  of  its 
work ;  and  additional  requirements  may  be  made  at  the  pleas- 
ure of  the  board.  Any  institution  failing  to  maintain  a  stand- 
ard satisfactory  to  the  State  Board  of  Education  shall  be 
dropped  from  the  accredited  list.  (Laws  1911,  ch.  276,  sec.  2.) 

§  76.  Certificates  Issued  to  College  Graduates.  [9019]  To 
all  persons  graduating  from  such  approved  courses  of  study 
in  institutions  on  the  accredited  list  the  State  Board  of  Educa- 
tion shall  issue  a  three-year  state  certificate,  and  at  the  ex- 
piration of  said  certificate  said  board  shall  issue  a  life  certifi- 
cate in  lieu  of  the  first  one  issued,  provided  the  holder  shall 
have  taught  successfully  at  least  two  years  out  of  the  three 
and  has  kept  himself  informed  in  the  general  literature  of  his 
profession.  (Laws  1911,  ch.  276,  sec.  3.) 

§  77.  Eligible  Institutions.  [9020]  The  provisions  of  sec- 
tions 1,  2  and  3  of  this  act  shall  apply  to  the  State  University 
and  the  State  Agricultural  College,  and  may,  at  the  discretion 
of  the  State  Board  of  Education,  be  extended  to  any  institution 
in  any  of  the  United  States  which  shall  satisfy  the  said  board 
that  it  maintains  an  efficient  department  of  education  and 
meets  the  other  requirements  for  schools  on  the  accredited  list 
(Laws  1911,  ch.  276,  sec.  4.) 

§  78.    Graduates  of  School  of  Arts  in  Certain  Institutions. 

[9035]  Any  graduate  of  the  school  of  arts  of  the  University  of 
Kansas,  o/  of  any  university  or  college  incorporated  under  the 
laws  of  this  state  maintaining  a  department  of  education  and 
requiring  a  four-year  high-school  course  or  its  equivalent, 
approved  by  the  State  Board  of  Education,  as  a  condition  of 
admission  to  the  freshman  class  and  maintaining  a  regular 
four-year  course  thereafter  for  graduation  and  accredited  as 


CH.  4]  CERTIFICATES — STATE.  39 

such  by  the  State  Board  of  Education,  shall,  upon  presentation 
to  said  board  of  satisfactory  evidence  of  graduation  from  such 
accredited  course  of  study  in  said  university  or  college,  receive 
from  said  board  a  three-year  certificate  to  teach  in  the  public 
schools  of  this  state :  Provided,  That  the  course  of  study  com- 
pleted by  such  graduate  of  the  above-described  institutions 
shall  have  included  such  work  in  the  department  of  education 
as  shall  be  satisfactory  to  the  State  Board  of  Education. 
(Laws  1911,  ch.  276,  sec.  5.) 

§  79.  Normal  Courses  with  Practice  Teaching.  [9036]  The 
State  Agricultural  College  and  any  educational  institution  in- 
corporated under  the  laws  of  this  state,  and  accredited  by 
the  State  Board  of  Education  as  maintaining  a  course  of  study 
including  all  the  branches  prescribed  by  law  and  required  by 
said  State  Board  of  Education  for  securing  a  three-year  cer- 
tificate to  teach  in  the  public  schools  of  the  state,  is  hereby 
authorized  to  grant  a  diploma — the  form  of  which  shall  be 
prescribed  by  the  State  Board  of  Education — to  any  person 
who  shall  complete  the  above-specified  course  of  study,  which 
diploma  shall  be  accepted  by  the  State  Board  of  Education  as 
authorization  for  granting  to  the  holder  of  such  diploma  a 
three-year  certificate  to  teach  in  the  public  schools  of  the  state 
of  Kansas:  Provided,  Said  person  shall  have  given  not  less 
than  twenty  weeks  to  practice  teaching  under  the  provision 
of  the  pedagogical  department  of  said  educational  institution. 
(Laws  1899,  ch.  179,  sec.  3.) 

§  80.    State   Normal    Schools ;    Common-school    Certificate. 

[9776]  As  soon  as  any  person  has  attended  said  institution 
twenty-two  weeks,  said  person  may  be  examined  in  the  studies 
required  by  the  board,  in  such  manner  as  may  be  prescribed, 
and  if  it  shall  appear  that  said  person  possesses  the  learning 
and  other  qualifications  necessary  to  teach  a  good  common 
school,  said  person  shall  receive  a  certificate  to  that  effect  from 
the  principal,  to  be  approved  by  the  superintendent  of  public 
instruction;  and  as  soon  as  any  person  shall  have  completed 
the  full  course  of  instruction  in  the  State  Normal  School,  he 
or  she  shall  receive  a  diploma,  which,  when  signed  by  the 
president  of  the  institution,  state  superintendent  of  public 
instruction,  and  the  board  of  directors  of  said  school,  shall  be 
evidence  that  the  person  to  whom  such  diploma  is  granted  is 
a  graduate  of  the  State  Normal  School,  and  entitled  to  all  the 
honors  and  privileges  belonging  to  such  graduates ;  and  such 
diploma  shall  serve  as  a  legal  certificate  of  qualification  to 
teach  in  the  common  schools  of  this  state.  (Laws  1864,  ch.  99, 
sec.  13.) 

§  81.  State  Normal  Schools;  One-year  Certificates.  [9777] 
Each  person  shall,  upon  the  completion  of  the  secondary  course 
of  instruction  adopted  by  the  faculty  of  the  Kansas  State  Nor- 


40  CERTIFICATES — STATE.  [CH.  4 

mal  School  at  Emporia,  the  State  Manual  Training  Normal 
School  at  Pittsburg,  and  the  Fort  Hays  Kansas  Normal  School 
at  Hays,  and  approved  by  the  state  board  of  administration, 
be  entitled  to  a  certificate  to  teach  in  the  schools  of  the  state  of 
Kansas  for  a  period  of  one  year.  (Laws  1915,  ch.  299,  sec.  1.) 

§82.  State  Normal  Schools;  Three-year  Certificates.  [9778] 
Each  person  who  has  completed  a  standard  four-year  higa- 
school  course,  approved  by  said  institutions  as  referred  to  in 
section  1,  and  who  has  completed  the  freshman  course  as  pre- 
scribed by  the  faculty  and  approved  by  the  state  board  of 
administration,  shall  be  entitled  to  a  certificate  to  teach  in  the 
schools  of  the  state  of  Kansas  for  a  period  of  three  years. 
(Laws  1915,  ch.  299,  sec.  2.) 

§83.  State  Normal  Schools;  Life  Certificates.  [9779]  Each 
person  who  has  completed  a  standard  four-year  high-school 
course,  approved  by  said  institutions  as  referred  to  in  section 
1,  and  who  has  completed  the  freshman  and  sophomore  course 
prescribed  by  the  faculty  and  approved  by  the  state  board  of 
administration,  shall  be  entitled  to  a  life  certificate  to  teach  in 
the  elementary  schools  and  the  junior  and  two-year  high 
schools  of  the  state  of  Kansas.  (Laws  1915,  ch.  299,  sec.  3.) 

§84.  State  Normal  Schools;  Life  Diplomas.  [9780]  The 
diploma  conferred  by  the  degree  of  bachelor  of  science  in  edu- 
cation shall  be  a  life  diploma  to  teach  in  any  of  the  common 
schools  of  the  state  of  Kansas,  including  elementary  and  high 
schools.  (Laws  1915,  ch.  299,  sec.  4.) 

§85.  State  Normal  Schools;  When  Act  Shall  Take  Effect. 
[9781]  Sections  1,  2,  3  and  4  of  this  act  shall  take  effect  on 
September  1,  1916,  and  until  that  time  each  of  said  institutions 
as  referred  to  in  section  1  shall  be  entitled  to  issue  the  life 
certificate  now  provided  by  section  834310  of  the  Revised  Stat- 
utes of  1909,  upon  the  completion  of  the  full  course  heretofore 
prescribed  for  that  purpose  by  the  board  of  regents  and  con- 
sisting of  two  full  years'  work  above  the  high  school  in  said 
institutions;  and  shall  have  the  right  to  issue  the  three-year 
certificate  now  provided  by  law.  (Laws  1915,  ch.  299,  sec.  5.) 

§86.  State  Normal  Schools;  Special  Certificates.  [9782] 
Each  of  said  institutions  shall  have  power  to  issue  certificates 
to  teach  manual  training,  domestic  science,  agriculture,  com- 
mercial subjects,  drawing,  music,  or  other  occupational  sub- 
jects, upon  the  completion  of  such  course  of  study  as  may  be 
prescribed  by  the  faculty  of  said  institutions  and  approved  by 
the  state  board  of  administration.  (Laws  1915,  ch.  299 
sec.  6.) 

§  87.  Normal  School  Certificates  Signed  and  Registered  by 
State  Superintendent.  [9819]  All  teachers'  certificates  and  all 

10.    Section  80  of  this  book. 


CH.  4]  CERTIFICATES — STATE.  41 

diplomas  having  certificate  value  shall,  before  they  are  issued 
by  this  board,  be  presented  to  the  state  superintendent  of  pub- 
lic instruction  for  his  signature  and  for  registration  in  his 
office.  (Laws  1905,  ch.  388,  sec.  3.) 

§  88.  Recognition  of  Certificates  from  Other  States.  [9021] 
When  the  State  Board  of  Education  is  satisfied  that  any  resi- 
dent of  this  state,  holding  a  state  certificate  issued  by  any  other 
state  in  the  United  States,  secured  the  same  by  passing  an 
examination  equivalent  to  that  given  by  said  board,  it  may 
issue  to  said  person  the  certificate  as  provided  for  in  section  3 
of  this  act,  without  further  examination.  (Laws  1893,  ch.  132, 
sec.  10.) 

§89.  Registration  of  State  Certificates.  [8994]  Every  state 
certificate,  state  diploma,  or  other  document  issued  as  a  teach- 
er's certificate  by  the  State  Board  of  Education  or  by  any  Kan- 
sas state  normal  school  must  be  registered  by  the  county 
superintendent  of  the  county  or  by  the  clerk  of  the  board  of 
education  of  any  city  of  the  first  or  second  class  in  which  the 
holder  contracts  to  teach;  and  for  every  certificate  registered 
by  a  county  superintendent  a  fee  of  one  dollar  shall  be  re- 
quired, which  shall  be  paid  into  the  normal  institute  fund. 
Failure,  neglect,  or  refusal  to  comply  with  the  foregoing  pro- 
visions will  render  said  certificates,  diploma,  or  other  document 
void  as  a  teacher's  certificate  in  such  township,  county  or  city 
of  the  first  or  second  class  until  such  registration  is  made. 
(Laws  1915,  ch.  298,  sec.  2.) 

§  90.  Duty  of  Certain  Officers  to  Register  State  Certificates. 
[9040]  It  shall  be  the  duty  of  the  county  superintendent  or 
clerk  of  the  board  of  education  of  a  city  of  the  first  or  second 
class  to  register  all  such  certificates,  diplomas  or  other  docu- 
ments when  presented  to  him  by  the  holder  thereof.  It  shall  be 
the  duty  of  said  superintendent  or  clerk  to  provide  a  suitable 
record  for  this  purpose;  said  record  to  show  the  name  and 
address  of  the  holder,  kind  of  certificate,  diploma  or  other 
document  held,  date  of  issue  and  date  of  expiration,  if  issued 
for  other  period  than  the  life  of  the  holder.  It  shall  be  the 
further  duty  of  the  county  superintendent  or  clerk  of  the  board 
of  education  to  issue  to  such  holder  a  statement  of  the  kind  of 
certificate,  diploma  or  other  document  held,  giving  date  of 
issue  and  date  of  expiration  of  same.  (Laws  1905,  ch.  394, 
sec.  2.) 

§  91.  Unlawful  to  Pay  Salary  unless  Certificate  is  Regis- 
tered. [9041]  It  shall  be  unlawful  for  any  district  board, 
board  of  education  or  board  of  trustees  of  any  county  high 
school  to  issue  an  order  for  payment  of  the  salary  for  services 
as  teacher  of  any  holder  of  said  certificate,  diploma  or  other 
document  unless  said  holder  presents  a  certificate  of  registra- 
tion as  provided  for  in  section  2  of  this  act.  (Laws  1905,  ch. 
394,  sec.  3.) 


42 


CERTIFICATES — COUNTY. 


[CH.4 


§92.  Report  of  Registration.  [9043]  It  shall  be  the  duty  of 
the  county  superintendent  and  clerks  of  boards  of  educa- 
tion of  cities  of  the  first  and  second  class  to  report,  in  Octo- 
ber and  March  of  each  year,  to  the  State  Board  of  Education 
all  certificates,  diplomas  or  other  documents  registered  in  their 
respective  counties  or  cities.  It  shall  be  the  duty  of  the  state 
superintendent  to  provide  necessary  blanks  for  this  report. 
(Laws  1905,  ch.  394,  sec.  5.) 

§  93.  Certificates  Void,  When.  [9022]  All  life  certificates 
issued  by  the  State  Board  of  Education  or  by  the  regents 
of  the  State  Normal  School  shall  be  void  if  the  holder  of  the 
same  should  not  be  engaged  in  school  work  for  three  consecu- 
tive years :  Provided,  That  certificates  may  be  renewed  by  the 
State  Board  of  Education.  (Laws  1893,  ch.  132,  sec.  11.) 

§  94.  Certificates  Canceled,  When.  [9023]  The  said  State 
Board  of  Education  is  empowered  to  cancel  any  state  cer- 
tificate which  said  board,  on  satisfactory  proof,  finds  to  be 
held  by  a  person  of  immoral  character  or  otherwise  disquali- 
fied for  a  teacher.  (Laws  1893,  ch.  132,  sec.  12.) 

§  95.  No  Revival  of  Lapsed  Certificates  by  Statutes.  [9094] 
No  provisions  of  this  act  shall  be  construed  to  revive  a  state 
certificate,  state  diploma  or  State  Normal  School  diploma  which 
has  lapsed  under  provisions  of  section  622311  of  the  General 
Statutes  of  1901,  nor  any  certificate  or  diploma  which  has 
lapsed  by  expiration  of  time  from  which  it  was  issued.  (Laws 
1905,  ch.  394,  sec.  6.) 


ARTICLE  II.— County  Certificates. 


§96.   Board  of  county  examiners. 

97.  Public  examinations. 

98.  Examinations  in  other  counties  and  at 

state  schools. 

99.  Special  examinations. 

100.  Fees. 

101.  Uniform  examinations. 

102.  Forwarding  of  questions. 

103.  Unlawful  use  of  questions. 

104.  Penalty  for  unlawful  use  of  questions. 

105.  Examiners  exempt. 

106.  Grades  of  certificates;  terms;  indorse- 

ment; revocation. 


§107.   Certificates  of  the  third  grade. 

108.  Certificates  of  the  second  grade. 

109.  Certificates    of    the    first    grade;     re- 

newal. 

110.  High-school  credits;   examination. 

111.  Renewal  of  first-grade  certificates;  ex- 

emption from  requirement  of  high- 
school  credits. 

112.  Temporary  certificates.- 

113.  No  certificate  except  by  examination. 

114.  Revocation. 

115.  Examination    in    physiology    and    hv- 

giene. 


§  96.  Board  of  County  Examiners.  [9011]  In  each  county 
there  shall  be  a  board  of  county  examiners,  composed  of  the 
county  superintendent,  who  shall  be  ex  officio  chairman  of 
the  board,  and  two  competent  persons,  holders  of  professional 
certificates  or  first-grade  certificates,  or  of  state  certificates, 
or  of  diplomas  from  the  State  University,  the  State  Normal 
School  or  the  State  Agricultural  College,  who  shall  be  ap- 
pointed by  the  county  commissioners  on  the  nomination  of 
the  county  superintendent,  and  shall  serve  one  year  from  the 
their  respective  appointments,  and  each  of  whom  shall 

11.    See  section  93  of  this  book. 


CH.  4]  CERTIFICATES — COUNTY.  43 

receive  for  his  iservices  the  sum  of  three  dollars  per  day  for 
not  to  exceed  twenty-four  days  in  any  one  year.  (Laws  1905, 
ch.  390,  sec.  1.) 

§  97.  Public  Examinations.  [9012]  The  board  of  county 
examiners,  two  of  whom  shall  constitute  a  quorum,  shall,  on 
the  last  Saturday  of  January  aind  of  October,  and  on  Saturday 
of  the  last  week  of  the  county  normal  institute,  together  with 
the  Friday  preceding  each  such  Saturday,  only  at  such  places 
as  may  be  designated  by  the  chairman  (who  shall  give  ten 
days'  notice  of  each  examination),  publicly  examine  all  per- 
sons proposing  to  teach  in  the  common  schools  of  the  county 
(cities  of  the  first  and  second  class  excepted)  as  to  their  com- 
petency to  teach  the  branches  prescribed  by  law ;  12  said  board 
shall  open  each  separate  package  of  questions  not  earlier  than 
the  hour  specified  thereon  by  the  state  superintendent,  and 
shall  give  the  candidates  the  questions  at  the  hour  specified 
for  the  beginning  of  the  examination  on  that  subject;  said 
board  of  examiners  shall  issue  certificates,  as*  by  law  provided, 
to  all  such  applicants  as  shall  pass  the  required  examination 
aind  satisfy  the  board  as  to  their  good  moral  character  and 
ability  to  teach  and  govern  school  successfully.13  (Laws  1905, 
ch.  391,  sec.  1.) 

§  98.  Examinations  in  Other  Counties  and  at  State  Schools. 
[9013]  Applicants  for  any  grade  of  county  certificates  for 
any  county  of  the  state  may  write  in  the  examination  given 
in  any  other  county  of  the  state,  or,  if  students  at  the  State 

12.  Section  97  provides  that  the  county  board  of  examiners  "shall 
publicly  examine  all  persons  proposing  to  teach     .     .     .     as  to  their  com- 
petency to  teach  the  branches  prescribed  by  law."     Sections  115  and  343 
indicate  what  branches  shall  be  taught  in  the  public  schools.     (See  sec- 
tions 107,  108,  109,  629,  630.) 

13.  The  awarding  of  a  county  certificate,  or  any  other  act  within  the 
jurisdiction  of  the  county  board  of  examiners,  must  have  duly  received, 
in  the  lawful  course  of  business,  the  consent  of  at  least  two  members  of 
the  board,  in  order  to  be,  legally,  an  act  of  the  board.    County  certificates 
can  be  legally  granted  only  by  the  board. 

A  county  certificate  can  not  be  lawfully  dated  back  beyond  the  time 
when  the  county  board,  in  the  lawful  course  of  business,  actually  awarded 
the  same. 

Although  the  county  board  may,  by  revocation  for  cause,  abridge,  they 
can  not  lawfully  extend  the  time  during  which  a  certificate  issued  by 
them  shall  be  in  force,  nor  renew  the  same  without  a  public  examination 
of  the  holder  thereof,  except  as  provided  by  law. 

A  public  examination  is  the  only  legal  basis  for  the  issuance  of  a  cer- 
tificate. It  is  the  province  of  the  board  to  determine  the  standing  of  the 
applicant  in  every  study,  and  to  inquire  into  the  "competency"  of  the  can- 
didate to  teach  and  govern  a  school  successfully. 

It  is  proper  for  the  board  to  refuse  a  certificate  to  an  applicant  passing 
the  necessary  examination  but  not  satisfying  the  board  as  to  his  ability 
to  "teach  and  govern  a  school  successfully." 

Certificate  in  Case  of  Joint  District.  In  the  case  of  a  joint  district, 
the  certificate  must  be  issued  by  the  board  of  examiners  of  the  county  in 
which  the  largest  amount  of  territory  is  found. 


44  CERTIFICATES— COUNTY.  [CH.  4 

University,  State  Agricultural  College,  or  State  Normal  School 
or  either  of  its  auxiliaries,  at  an  examination  conducted  by 
the  presiding  officer  thereof,  on  the  questions  and  under  the 
laws  and  regulations  for  the  county  examination;  and  the 
county  examining  board  of  any  county,  on  receiving  the  papers, 
with  a  properly  signed  certificate  on  a  blank  to  be  provided 
by  the  state  superintendent,  together  with  one  dollar  for  the 
institute  fund  for  each  applicant,  shall  issue  certificates  as 
provided  in  ca,se  of  regular  county  examinations.  (Laws  1905, 
ch.  391,  sec.  2.) 

§  99.  Special  Examinations.  [9014]  Each  county  superin- 
tendent may,  if  he  deems  it  necessary,  conduct  a  special  ex- 
amination at  the  time  of  the  closing  of  normal  institutes  in 
some  other  county  or  counties:  Provided,  That  the  examina- 
tion conforms  to  the  laws  in  all  other  respects,  including  the 
questions  prepared  for  that  examination,  and  it  shall  be  the 
duty  of  the  state  superintendent  to  furnish  these  questions,  if 
notified  by  the  cotmty  superintendent  ten  days  before  the  date 
of  the  examination  that  he  has  accepted  fees  from  two  or  more 
candidates  for  that  examination.  (Laws  1905,  ch.  391,  sec.  3.) 

§  100.  Fees.  [9015]  Each  candidate  for  the  examination 
under  the  provisions  of  section  2  and  section  3  of  this  act 
shall  pay  a  fee  of  one  dollar  for  this  examination  if  taken  at  a 
state  educational  institution,  or  two  dollars  if  taken  before  a 
county  examining  board,  one  dollar  of  which  shall  go  into  the 
institute  fund  of  the  county  in  which  the  examination  is 
written.  (Laws  1905,  ch.  391,  sec.  4.) 

§  101.  Uniform  Examinations.  [9032]  That  the  State 
Board  of  Education  is  hereby  instructed  to  prepare  a  series  of 
questions  for  each  examination,  to  be  used  in  each  county  of 
the  state  of  Kansas  for  the  examination  of  teachers ;  and  the 
state  superintendent  is  hereby  instructed  to  procure  the  print- 
ing of  the  same  and  distributing  to  the  superintendents  of  the 
several  counties  in  the  state,  as  hereinafter  provided.  (Laws 
1885,  ch.  180,  sec.  1.) 

§  102.  Forwarding  of  Questions.  [9033]  The  state  superin- 
tendent shall  forward  all  questions  to  the  superintendents 
of  the  several  counties  in  the  state  of  Kansas :  Provided,  That 
said  questions  shall  be  forwarded  in  time  to  reach  their  desti- 
nation at  least  two  days  before  required  for  use;  and  pro- 
vided further,  that  said  questions  shall  not  be  opened  except 
in  the  presence  of  a  majority  of  the  examining  board  on  the 
day  and  hour  of  examination.  (Laws  1885,  ch.  180,  sec.  2.) 

§  103.  Unlawful  Use  of  Questions.  [9452]  It  shall  be  un- 
lawful for  any  person  to  sell  or  offer  for  sale,  or  buy  or  offer  to 
buy,  or  to  distribute  or  have  in  his  or  her  possession  any  printed 
or  written  examination  questions  prepared  for  any  examina- 
tion to  be  held  for  the  purpose  of  testing  the  qualifications  of 


CH.  4]  CERTIFICATES — COUNTY.  45 

i  persons  desiring  to  be  admitted  to  the  practice  of  any  of  the 
professions  in  this  state  in  which  it  is  required  that  such  per- 
sons be  examined  as  to  their  qualifications,  or  any  printed  or 
written  examination  questions  prepared  for  teachers'  examina- 
tions for  any  of  the  schools  of  this  state,  or  of  any  printed  or 
written  examination  questions  prepared  for  the  final  examina- 
tion of  any  students  in  any  of  the  higher  institutions  of  learn- 
ing of  this  state,  desiring  to  graduate  from  said  institutions, 
prior  to  the  time  of  the  holding  of  such  examination.  (Laws 
1909,  ch.  208,  sec.  1.) 

§  104.  Penalty  for  Unlawful  Use  of  Examination  Questions. 
[9453]  Any  person  selling  or  offering  to  sell,  buying  or  offer- 
ing to  buy,  distributing  or  having  in  his  or  her  possession  any 
such  examination  questions,  contrary  to  the  provisions  of  sec- 
tion 1  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or 
imprisoned  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  six  months.  (Laws  1909,  ch.  208,  sec.  2.) 

§  105.  Examiners  Exempt.  [9454]  The  provisions  of  this 
act  shall  not  be  construed  to  prevent  the  proper  officials  or 
instructors  whose  duty  it  is  to  conduct  the  said  examination, 
referred  to  in  section  1  of  this  act,  from  having  in  their  pos- 
session printed  or  written  copies  of  such  examination  ques- 
tions. (Laws  1907,  ch.  208,  sec.  1.) 

§  106.  Grades  of  Certificates;  Terms;  Indorsement;  Revo- 
cation. [9003]  Boards  of  county  examiners  may  issue  teach- 
ers' certificates  of  three  grades  as  provided  in  this  act ;  namely, 
third  grade,  second  grade  and  first  grade ;  and  said  certificates 
shall  be  valid  only  in  elementary  schools  and  shall  continue  in 
force  in  the  county  in  which  they  are  issued  for  terms  of  one 
year,  two  years,  and  three  years  respectively;  and  upon  pay- 
ment of  a  fee  of  one  dollar  which  shall  be  turned  into  the 
normal  institute  fund,  certificates  of  the  second  grade  may  be 
indorsed  and  certificates  of  the  first  grades  shall  be  indorsed 
by  the  county  superintendent  of  public  instruction  of  any 
county  in  the  state;  and  when  so  indorsed  such  certificates 
shall  be  valid  in  the  county  in  which  they  are  indorsed  for  the 
remainder  of  the  term  for  which  they  were  issued.  A  cer- 
tificate issued  under  this  act  may  be  revoked  by  the  board  of 
examiners  on  the  ground  of  immorality  or  for  any  cause  which 
would  have  justified  the  withholding  of  the  certificate  when  it 
was  granted,  and  the  indorsement  of  a  certificate  may  be  with- 
drawn by  a  county  superintendent  for  a  like  cause.  (Laws 
1915,  ch.  298,  sec.  11.) 

§  107.  Certificates  of  the  Third  Grade.  [9004]  Certificates 
of  the  third  grade  may  be  issued  to  persons  of  good  moral 
character  and  not  less  than  eighteen  years  of  age  who  shall  by 


46  CERTIFICATES — COUNTY.  [CH.  4 

a  written  examination  secure  an  average  grade  of  seventy- 
five  per  cent  with  no  grade  below  sixty  per  cent  in  the  follow- 
ing branches:  spelling,  reading,  writing,  English  grammar 
and  composition,  geography,  arithmetic,  United  States  his- 
tory, Kansas  history,  civil  government,  physiology  and  hy- 
giene, the  elements  of  agriculture,  elementary  general  science, 
English  classics,  and  the  principles  and  methods  of  teaching. 
A  third-grade  certificate  shall  not  be  issued  to  any  person  who 
has  previously  held  two  certificates  of  the  third  grade  if  such 
person  has  taught  seven  months.  (Laws  1915,  ch.  298,  sec.  12.) 

§  108.  Certificates  of  the  Second  Grade.  [9005]  Certifi- 
cates of  the  second  grade  may  be  issued  to  persons  of  good 
moral  character  and  not  less  than  eighteen  years  of  age  who 
have  taught  successfully  not  less  than  seven  school  months  and 
who  by  written  examination  shall  secure  an  average  grade  of 
eighty  with  no  grade  below  sixty  in  all  branches  required  for 
a  third-grade  certificate,  and  in  the  elements  of  music  the 
examination  in  which  shall  be  confined  to  the  questions  pre- 
pared by  the  State  Board  of  Education  and  shall  not  require 
singing  by  the  applicant;  and  who  in  addition  thereto  have 
completed  a  one-year  course  of  study  in  a  high  school  approved 
by  the  State  Board  of  Education  or  the  equivalent  thereof  as 
provided  in  section  15  of  this  act:  Provided,  That  certificates 
of  the  second  grade  may  be  issued  to  persons  who  have  had  no 
previous  experience  in  teaching  if  such  persons  have  completed 
a  four-year  course  of  study  in  a  high  school  approved  by  the 
State  Board  of  Education  and  are  otherwise  qualified  as  herein 
provided.  (Laws  1915,  ch.  298,  sec.  13.) 

§  109.  Certificates  of  the  First  Grade;  Renewal.  [9006] 
Certificates  of  the  first  grade  may  be  issued  to  persons  of  good 
moral  character  and  not  less  than  twenty  years  of  age  who 
have  taught  successfully  not  less  than  fourteen  school  months 
and  who  by  written  examination  shall  secure  an  average  grade 
of  ninety  with  no  grade  below  seventy-five  in  all  branches  re- 
quired for  a  second-grade  certificate,  and  in  English  history 
and  the  elements  of  physics,  and  who  in  addition  thereto  have 
completed  a  two-year  course  of  study  in  a  high  school  approved 
by  the  State  Board  of  Education  or  the  equivalent  thereof  as 
provided  in  section  15  of  this  act :  Provided,  That  all  grades  of 
ninety  per  cent  or  higher  recorded  on  a  normal  training  cer- 
tificate or  on  a  second-grade  certificate  and  all  grades  of  ninety 
per  cent  or  higher  secured  in  subsequent  county  teachers'  ex- 
aminations while  said  normal  training  certificate  or  certificate 
of  the  second  grade  is  in  force  may  be  applied  towards  meeting 
the  requirements  of  a  first-grade  certificate.  A  certificate  of 
the  first  grade  may  be  renewed  at  its  expiration  upon  the  pay- 
ment of  a  fee  of  one  dollar  to  be  turned  into  the  normal  insti- 
tute fund  if  it  is  shown  that  the  holder  has  attended  at  least 


CH.  4]  CERTIFICATES — COUNTY.  47 

ninety  per  cent  of  the  time  of  three  five-day  institutes  or  of  one 
four-weeks'  institute  or  has  attended  some  approved  school  for 
six  weeks  during  the  period  for  which  the  certificate  was 
issued :  And  provided,  That  the  applicant  shall  have  performed 
such  professional  work  as  the  county  superintendent  shall  pre- 
scribe for  the  renewal  of  first-grade  certificates.  (Laws  1915, 
ch.  298,  sec.  14.) 

§110.  High-school  Credits;  Examination.  [9007]  Appli- 
cants for  first-  and  second-grade  certificates  may  obtain  the 
high-school  credits  provided  for  in  section  13  and  section  14 
of  this  act  either  by  resident  attendance  in  a  high  school  ap- 
proved by  the  State  Board  of  Education  or  by  examination 
in  subjects  selected  from  the  first  two  years  of  the  high  school 
course  prescribed  by  the  State  Board  of  Education.  Subjects 
comprising  three  units  of  high-school  credit  shall  be  accepted 
as  equivalent  to  one  year  of  high-school  attendance  and  sub- 
jects comprising  seven  units  of  high-school  credit  shall  be  ac- 
cepted as  equivalent  to  two  years  of  high-school  attendance. 
In  order  to  secure  credit  by  resident  attendance  the  applicant 
must  present  to  the  county  superintendent  a  statement  signed 
by  the  principal  of  the  high  school  showing  the  grades  secured 
in  each  subject;  and  said  statement  shall  be  presented  on  a 
form  furnished  by  the  superintendent  of  public  instruction  and 
shall  be  attached  to'  the  certificate  when  issued  or  recorded 
thereon  and  countersigned  by  the  county  superintendent.  An 
examination  of  applicants  for  high-school  credits  shall  be  held 
in  each  county  of  the  state  on  the  third  Friday  of  May  and  the 
succeeding  Saturday  and  first  Friday  of  August  and  the  suc- 
ceeding Saturday  of  each  year  under  such  rules  as  the  State 
Board  of  Education  may  prescribe.  Notice  of  this  examination 
shall  be  given  by  county  superintendents  and  the  examination 
shall  be  conducted  by  the  board  of  county  examiners,  each  of 
whom  shall  receive  the  compensation  provided  by  law  for 
holding  county  teachers'  examinations.  The  questions  shall 
be  prepared  by  the  State  Board  of  Education  and  shall  be  for- 
warded to  county  superintendents  by  the  state  superintendent 
of  public  instruction.  The  package  containing  the  questions 
shall  not  be  opened  except  in  the  presence  of  a  majority  of 
the  examining  board  on  the  day  and  hour  for  the  examination. 
Immediately  at  the  close  of  the  examination  the  papers  shall 
be  securely  wrapped  and  sealed  and  sent  to  the  state  superin- 
tendent of  public  instruction  and  said  manuscripts  shall  be 
graded  under  the  direction  of  the  State  Board  of  Education.. 
Each  applicant  shall  pay  a  fee  of  one  dollar,  one-half  of  which 
shall  be  turned  into  the  normal  institute  fund  of  the  county  in 
which  the  examination  is  held,  and  one-half  shall  be  forwarded 
to  the  state  superintendent  of  public  instruction  and  shall  be 
used  to  pay  for  the  grading  of  the  examination  papers.  The 
grades  shall  be  recorded  in  the  office  of  the  state  superintend- 


48 


CERTIFICATES — COUNTY.  [CH.  4 


ent  of  public  instruction,  and  a  statement  of  the  same  shall  be 
sent  to  the  applicant  and  a  duplicate  to  the  county  superintend- 
ent of  the  county  in  which  said  applicant  took  the  examination 
and  said  statement  shall  be  attached  to  the  certificate  when  is- 
sued or  recorded  thereon  and  countersigned  by  the  county 
superintendent.  (Laws  1915,  ch.  298,  sec.  15.) 

§  111.  Renewal  of  First-grade  Certificates;  Exemption  from 
Requirement  of  High-school  Credits.  [9008]  All  first-grade 
certificates  in  force  at  the  time  of  the  passage  of  this  act  shall 
be  renewed  at  their  expiration  and  the  high-school  credits  pro- 
vided for  in  section  14  of  this  act  shall  not  be  required  from  the 
holders  of  said  certificates,  provided  that  all  other  require- 
ments for  renewal  have  been  complied  with ;  and  all  persons 
who  at  the  time  of  the  passage  of  this  act  shall  have  taught 
successfully  in  the  public  schools  of  Kansas  for  twenty-one 
school  months  shall  be  exempt  from  the  requirements  of  high- 
school  credit,  provided  for  in  section  13  and  section  14  of  this 
act.  (Laws  1915,  ch.  298,  sec.  16.) 

§  112.  Temporary  Certificates.  [9047]  That  the  county 
superintendent  of  any  county  in  this  state,  upon  request  made 
in  writing  by  such  district  board,  is  authorized  to  issue  tem- 
porary teachers'  certificates  to  any  persons  not  under  eighteen 
years  of  age  applying  therefor,  when  in  the  judgment  of  such 
county  superintendent  the  applicant  is  a  person  of  good  moral 
character  and  possesses  the  necessary  qualifications  of  a 
teacher:  Provided,  however,  That  such  applicant  make  affi- 
davit that  he  has  not  failed  in  the  last  preceding  examination 
for  teachers'  certificates  in  any  county  in  this  state:  And  pro- 
vided further,  That  such  temporary  certificate,  when  issued, 
shall  not  be  effective  or  in  force  from  or  after  the  next 
quarterly  examination  for  teachers'  certificates  in  the  county 
wherein  same  was  issued.  (Laws  1907,  ch.  342,  sec.  1.) 

§  113.  No  Certificate  Except  by  Examination.  [9016]  No 
certificate  shall  be  issued  by  any  county  board  or  county  super- 
intendent except  upon  examination  as  provided  in  this  act: 
Provided,  That  county  boards  may  renew  professional  certifi- 
cates from  year  to  year,  as  provided  for  in  section  4  of  this 
act.14  (Laws  1903,  ch.  424,  sec.  7.) 

§  114.  Revocation.  [9039]  Any  certificate  issued  by  the 
State  Board  of  Education,  regents  of  the  State  Normal  School, 
county  board  of  examiners  or  city  board  of  examiners  may  be 
revoked  by  the  body  issuing  the  same  on  the  grounds  of  im- 
morality, gross  neglect  of  duty,  annulling  of  written  contracts 
with  boards  of  education  and  district  boards  without  the  con- 
sent of  a  majority  of  the  board  which  is  a  party  to  the  contract, 

14.  Professional  certificates  are  no  longer  issued.  First-grade  certifi- 
cates may  be  renewed  as  provided  in  section  109.  (See  sections  64,  70,  72.) 


CH.   4]  CERTIFICATES — COUNTY.  49 

or  for  any  cause  that  would  have  justified  the  withholding 
thereof  when  the  same  was  granted.  (Laws  1905,  ch.  392, 
sec.  1.) 

§  115.  Examination  in  Physiology  and  Hygiene.  [9034] 
No  certificate  shall  be  granted  to  any  person  to  teach  in  any 
of  the  public  schools  of  this  state  after  the  1st  day  of  January, 
1886,  who  has  not  passed  a  satisfactory  examination  in  the 
elements  of  physiology  and  hygiene,  with  special  reference 
to  the  effects  of  alcohol  stimulants  and  narcotics  upon  the 
human  system;  and  provision  shall  be  made  by  the  proper 
officers,  committees  and  boards  for  instructing  all  pupils  in 
each  public  school  supported  by  public  money  and  under  state 
control  upon  the  aforesaid  topics.  (Laws  1885,  ch.  169,  sec.  1.) 


50 


CHILD  LABOR. 


[CH.   5 


CHAPTER  V.— Child  Labor. 


§116.   Employment  of  children  under  four- 
teen". 

117.  Employment    of    children    under    six- 

teen. 

118.  Hours  of  employment. 

119.  Work   permits   to   be   kept   on   file. 

120.  Public  notice. 


§121.  Work  permits  when  issued, 

122.  Identification;  papers  verified, 

123.  Blanks  furnished. 

124.  Permits  returned. 

125.  Permits  revoked. 

126.  Duties  of  inspectors. 

127.  Penalty. 


§  116.  Employment  of  Children  under  Fourteen.  That  no 
child  under  fourteen  years  of  age  shall  be  at  any  time  em- 
ployed, permitted,  or  suffered  to  work  in  or  in  connection  with 
any  factory,  workshop,  theater,  mill,  cannery,  packing  house, 
or  operating  elevators ;  nor  shall  such  child  be  employed,  per- 
mitted or  suffered  to  work  in  any  business  or  service  what- 
ever during  the  hours  in  which  the  public  school  is  in  session 
in  the  district  in  which  said  child  resides.  (Laws  1917,  ch.  227, 
sec.  1.) 

§  117.  Employment  of  Children  under  Sixteen.  That  no 
child  under  sixteen  years  of  age  shall  be  at  any  time  employed, 
permitted,  or  suffered  to  work  in  or  about  any  mine  or  quarry ; 
or  at  any  occupation  at  any  place  dangerous  or  injurious  to 
life,  limb,  health  or  morals.  (Laws  1917,  ch.  227,  sec.  2.) 

§  118.  Hours  of  Employment.  That  no  child  under  sixteen 
years  of  age,  who  is  employed  in  the  several  vocations  men- 
tioned in  this  act,  or  in  the  transmission  of  merchandise  or 
messages,  or  any  hotel,  restaurant  or  mercantile  establishment, 
shall  be  employed  before  seven  a.  m.,  or  after  six  p.  m.,  nor 
more  than  eight  hours  in  any  one  calendar  day,  nor  more  than 
forty-eight  hours  in  any  one  week.  (Laws  1917,  ch.  227, 
sec.  3.) 

§  119.  Work  Permit  to  be  Kept  on  File.  That  all  persons, 
firms,  or  corporations  employing  children  under  sixteen  years 
of  age  in  any  of  the  vocations  mentioned  in  this  act,  shall  be 
required  to  first  obtain  and  keep  on  file  and  accessible  to  any 
inspector  or  officer  charged  with  the  enforcement  of  this  act, 
the  work  permit  as  hereinafter  provided  for.  (Laws  1917, 
ch.  227,  sec.  4.) 

§  120.  Public  Notice.  That  every  employer  shall  keep 
posted  in  a  conspicuous  place  near  the  principal  entrance,  in 
any  establishment  where  children  under  sixteen  years  ol  age 
are  employed,  permitted  or  suffered  to  work,  a  notice  stating 
the  maximum  number  of  hours  such  child  may  be  required,  or 
permitted  to  work,  on  each  day  of  the  week,  the  hours  of  com- 
mencing and  stopping  work  and  the  hours  allowed  for  dinner 
or  other  meals.  The  form  for  such  notice  shall  be  furnished 
by  the  commissioner  of  labor,  and  the  employment  of  any  child 
for  a  longer  time  in  any  day  than  so  stated,  or  at  any  time 


CH.    5]  CHILD   LABOR.  51 

other  than  as  stated  in  said  notice,  shall  be  deemed  a  violation 
of  the  provisions  of  this  act.  (Laws  1917,  ch.  227,  sec.  5.) 

§  121.  Work  Permits,  When  Issued.  That  the  superintend- 
ent of  schools  or  his  duly  authorized  representative,  or  the 
judge  of  the  juvenile  court,  shall  issue  a  work  permit  only 
after  he  has  received,  examined,  approved,  and  filed  the  fol- 
lowing papers  duly  executed,  namely: 

First.  A  written  statement  signed  by  the  person  for  whom 
the  child  expects  to  work,  or  by  some  one  duly  authorized  by 
such  person,  stating  the  occupation  at  which  he  intends  to 
employ  such  child. 

Second.  The  school  record  of  such  child  properly  filled  out 
and  signed  by  the  principal  of  the  school  last  attended,  setting 
forth  that  such  child  has  completed  the  course  of  study  pre- 
scribed for  elementary  schools  by  the  State  Board  of  Educa- 
tion. In  case  such  school  record  is  not  available  then  the 
official  issuing  the  permit  shall  cause  such  child  to  be  examined 
to  determine  whether  or  not  such  child  has  the  educational 
qualifications  equivalent  to  a  completion  of  the  elementary 
course  of  study  prescribed  by  the  State  Board  of  Education, 
and  shall  file  in  the  office  a  statement  setting  forth  the  result 
of  such  examination :  Provided,  That  a  permit  may  be  issued 
to  allow  a  child  who  has  not  completed  the  course  of  study  pro- 
vided for  herein  to  work  when  school  is  not  in  session  in  the 
district  in  which  such  child  resides,  subject  to  all  the  other 
limitations  of  this  act.15 

Third.  Evidence  of  age  of  the  child,  showing  that  the  child 
is  fourteen  years  of  age;  and  that  the  state  commissioner  of 
labor  shall  be,  and  hereby  is  authorized,  empowered,  and  di- 
rected to  make  and  prescribe,  and  from  time  to  time  to  change 
and  amend  such  rules  and  regulations,  not  in  conflict  with  this 
act,  as  he  may  deem  necessary  and  proper  to  secure  satisfac- 
tory evidence  of  the  age  of  the  child  applying  for  a  work  per- 
mit: Provided,  however,  That  the  evidence  of  age,  and  the 
manner  of  preparing  and  producing  such  evidence,  required 
under  such  rules  and  regulations,  shall  comply  substantially 
with  the  requirements  as  to  proof  of  age  prescribed  by  any 
rules  and  regulations  made  pursuant  to  the  act  of  Congress  en- 
titled, "An  act  to  prevent  interstate  commerce  in  the  products 
of  child  labor,  and  for  other  purposes,  approved  September  1, 
1916,"  and  any  amendments  thereto  hereafter  made.  (Laws 
1917,  ch.  227,  sec.  6.) 

§122.  Identification;  Papers;  Verified.  That  every  work 
permit  shall  state  the  name,  sex,  the  date  and  place  of  birth, 
and  the  place  of  residence,  and  describe  the  color  of  the  hair 
and  eyes,  and  the  height  and  weight  of  such  child,  and  shall 
contain  a  statement  of  the  proof  of  age  accepted  and  shall 

15.    Compare  this  provision  with  the  first  provision  of  section  237. 


52  CHILD  LABOR.  [CH.    5 

verify  that  the  papers  required  by  the  preceding  sections  have 
been  duly  examined,  approved,  and  filed,  and  that  the  child 
named  in  such  permit  has  appeared  before  the  official  issuing 
the  permit  and  has  been  examined.  Every  such  permit  shall  be 
signed  in  the  presence  of  the  official  issuing  the  same,  by  the 
child  in  whose  name  it  is  issued.  It  shall  show  the  date  of  its 
issue.  (Laws  1917,  ch.  227,  sec.  7.) 

§  123.  Blanks  Furnished.  That  the  permits  provided  for 
under  this  act  shall  be  issued  upon  blanks  furnished  by  the 
commissioner  of  labor  and  shall  be  made  out  in  duplicate ;  one 
of  such  duplicates  shall  be  forthwith  returned  to  the  commis- 
sioner of  labor,  by  the  party  issuing  the  same,  with  a  state- 
ment of  the  character  and  substance  of  the  evidence  offered 
prior  to  the  issuance  of  such  permit.  Such  permit  shall  be 
sufficient  protection  to  the  employer  of  any  child  as  to  the  age 
of  such  child,  except  when  such  employer  has  actual  knowl- 
edge of  the  falsity  of  such  permit.  (Laws  1917,  ch.  227,  sec.  8.) 
§  124.  Permit  Returned.  That  on  the  termination  of  the 
employment  of  a  child  whose  work  permit  is  on  file,  such  per- 
mit shall  be  returned  by  the  employer  within  two  days  to  the 
official  who  issued  the  same ;  upon  receipt  of  which  the  official 
shall  transmit  the  same  or  a  copy  of  the  same  to  the  state  com- 
missioner of  labor.  (Laws  1917,  ch.  227,  sec.  9.) 

§  125.  Permit  Revoked.  That  whenever  it  shall  appear  to 
the  commissioner  of  labor  that  any  permit  has  been  improperly 
or  illegally  issued  or  that  the  physical  or  moral  welfare  of  such 
child  could  be  best  served  by  the  revocation  of  such  permit,  he 
may  forthwith  revoke  the  same,  and  shall  then  notify  the  per- 
son employing  such  child  and  the  child  holding  such  permit  of 
such  revocation.  (Laws  1917,  ch.  227,  sec.  10.) 

§  126.  Duties  of  Inspectors,  That  it  shall  be  the  duty  of  the 
state  factory  inspector,  state  inspector  of  mines  and  their 
deputies,  to  inspect  the  permits  and  lists  hereinabove  provided 
for,  to  examine  children  employed  in  factories,  workshops, 
theaters,  elevators,  packing  houses  and  mines,  and  the  voca- 
tions mentioned  in  sections  1  and  2  of  this  act,  as  to  their  age 
and  education,  and  to  file  complaints  in  any  court  of  competent 
jurisdiction  to  enforce  the  provisions  of  this  act,  and  it  shall  be 
the  duty  of  the  county  attorney  of  the  proper  county  to  appear 
and  prosecute  all  complaints  so  filed.  (Laws  1917,  ch.  227, 
sec.  11.) 

§  127.  Penalty.  That  any  person,  firm  or  corporation  em- 
ploying any  person  or  child  in  violation  of  any  provision  of 
this  act,  or  permitting  or  conniving  at  such  violation,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  thirty  days  nor  more 
than  ninety  days.  (Laws  1917,  ch.  227,  sec.  12.) 


CH.    6]  CITIES   OF   FIRST   AND   SECOND   CLASS.  53 


CHAPTER  VL— Cities. 

ARTICLE  I.— Cities  of  the  First  and  Second  Class. 


§128.  Board  of  education. 

129.  Vacancies. 

130.  Nomination  and  election. 

131.  Vacancy. 


§132.   Clerk. 

133.  Superintendent. 

134.  Examining  committee;  teachers. 

135.  Use  of  school  buildings. 


§128.  Board  of  Education.  That  section  9065  of  the  Gen- 
eral Statutes  of  Kansas  for  1915  be  amended  to  read  as  fol- 
lows: Sec.  9065.  That  in  each  city  of  the  first  and  second 
class,  except  those  cities  having  a  population  of  more  than  50,- 
000  and  less  than  75,000  by  the  United  States  census  of  1910, 
there  shall  be  a  board  of  education,  which  shall  constitute  a 
body  corporate  and  politic  possessing  the  usual  powers  of 
public  corporations  consisting  of  six  members,  to  be  nominated 
and  elected  by  the  qualified  voters  of  the  city  at  large,  three  of 
whom  shall  be  elected  at  the  general  city  election  held  in 
April  of  each  odd-numbered  year,  and  shall  hold  their  office 
for  the  term  of  four  years,  and  until  their  successors  are  duly 
elected  and  qualified,  and  said  term  of  office  shall  begin  on  the 
first  Monday  in  August  succeeding  their  election:  Provided, 
That  at  the  election  in  the  organization  of  any  city  of  the 
second  class  as  provided  by  law,  three  members  of  the  board 
of  education  shall  be  elected  whose  term  of  office  shall  expire 
on  the  first  Monday  in  August  in  the  first  odd-numbered  year 
succeeding  their  election  and  three  members  of  said  board  shall 
be  elected  who  shall  hold  their  office  until  the  first  Monday 
in  August  in  the  second  odd-numbered  year  succeeding  their 
election.  The  members  of  said  board  of  education  so  elected 
shall  qualify  within  ten  days  after  their  election  by  filing  their 
oaths  of  office  with  the  city  clerk,  and  upon  qualifying,  said 
board  of  education  so  elected  shall  organize  by  the  election  of 
a  president  and  vice  president  from  its  members  and  a  clerk, 
which  officers  shall  serve  until  the  first  Monday  in  the  month 
of  August  following,  and  upon  the  qualification  of  said  board 
of  education,  the  powers  of  the  preceding  school  district  officers 
shall  cease :  Provided  further,  That  no  member  of  the  board 
of  education  shall  be  a  city  commissioner  or  member  of  the 
city  council,  and  no  city  commissioner  or  member  of  the  city 
council  shall  be  a  member  of  the  board  of  education.  The  ter- 
ritory attached  to  cities  of  the  first  and  second  class  shall  con- 
stitute a  part  of  such  city  for  the  purposes  of  his  act.  (Laws 
1917,  ch.  271,  sec.  1.) 

§  129.  Vacancies.  [9067]  That  the  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  their  body : 
Provided,  That  any  vacancy  occurring  more  than  ten  days 
previous  to  the  date  provided  by  law  for  the  filing  of  primary 


54  CITIES   OF   FIRST  AND   SECOND   CLASS.  [CH.    6 

nomination  papers,  and  leaving  an  unexpired  term  of  one  or 
more  years,  shall  be  filled  at  the  first  city  election  thereafter, 
and  the  ballots  and  returns  of  election  shall  be  designated  as 

follows :  "To  fill  the  unexpired  term  of years/'     (Laws 

1911,  ch.  267,  sec.  3.) 

§  130.  Nomination  and  Election.  [9069]  That  in  all  cities 
of  the  first  and  second  class  which  have  heretofore  adopted  or 
shall  hereafter  adopt  the  provisions  of  the  General  Statutes 
of  the  year  1909  authorizing  the  government  of  such  cities  by 
boards  of  commissioners,  candidates  for  nomination  at  the 
primary  and  for  election  as  members  of  the  board  of  education 
shall  be  nominated  and  elected  in  the  same  manner  as  nearly 
as  practicable  as  are  the  mayor  and  commissioners  in  such 
cities,  and  may  be  recalled  in  like  manner.  The  number  of 
members  to  be  elected  at  each  general  city  election  shall  be 
certified  to  the  city  clerk  by  the  president  or  clerk  of  the  board 
of  education  at  least  ten  days  previous  to  the  date  provided 
by  law  as  the  last  day  for  filing  primary  nomination  papers. 
The  names  of  all  candidates  shall  appear  in  alphabetical  order 
on  the  official  city  primary  ballot,  in  a  separate  column,  under 
the  heading  "Candidates  for  nomination  for  members  of  the 
board  of  education  of  -  -  city  at  the  primary  election/'  and 

above  the  names  the  words,  "Vote  for ,"  filling  in  the 

blank  with  the  figure  equalling  the  numbers  of  members  of  the 
board  of  education  to  be  chosen  at  the  regular  election.  The 
names  of  double  the  number  of  members  of  the  board  to  be 
elected  receiving  the  highest  number  of  votes  at  the  primary 
election  shall  be  placed  upon  the  ballot  as  candidates  for  mem- 
bers of  the  board  of  education  at  the  next  succeeding  general 
city  election.  The  persons  receiving  the  highest  number  of 
votes  at  such  regular  election  shall  be  declared  elected,  and 
each  shall  receive  a  certificate  signed  by  the  mayor  and  city 
clerk,  under  the  seal  of  the  city.  Each  person  elected  shall 
qualify  within  ten  days  after  his  election  by  filing  an  oath  of 
office  with  the  city  clerk,  but  he  shall  not  take  office  until  the 
first  Monday  in  August  succeeding  his  election.  The  city  clerk 
shall  within  thirty  days  after  the  canvass  of  the  votes  certify 
to  the  board  of  education  the  names  of  the  candidates  elected 
as  members  of  such  board.  Any  petition  for  nomination  for 
member  of  the  board  of  education  filed  prior  to  the  date  on 
which  this  act  goes  into  effect,  and  complying  with  the  law  in 
effect  at  the  time  of  filing  said  petition,  is  hereby  declared  to 
be  legal.  (Laws  1911,  ch.  267,  sec.  5.) 

§  131.  Vacancy.  [9072]  That  the  board  of  education  in 
cities  of  the  first  and  second  class  shall  have  the  right,  at  any 
regular  or  special  meeting,  to  hold  an  election  to  fill  any  va- 
cancy which  may  occur  among  the  officers  of  the  board,  or  any 
of  its  employees;  and  the  board  may  remove,  any  of  its  em-, 
ployees  for  incompetence,  negligence,  or  immorality,  after  no- 


CH.    6]  CITIES   OF  FIRST  AND   SECOND   CLASS.  55 

tice  and  a  fair  hearing  of  the  persons  so  charged.  The  fiscal 
year  of  the  board  shall  close  on  the  last  day  of  June,  and  the 
annual  reports  of  the  president,  clerk,  superintendent  and  of 
the  several  committees  shall  be  presented  to  the  board  on  or 
before  the  first  Monday  in  August  of  each  year.  (Laws  1911, 
ch.  269,  sec.  2.) 

§  132.  Clerk.  [9073]  That  it  shall  be  the  duty  of  the  clerk 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  ac- 
curate journal  of  its  proceedings,  and  to  have  the  care  and 
custody  of  the  records,  books  and  documents  of  the  board,  to 
countersign  all  warrants  drawn  upon  the  treasurer  by  order  of 
the  board,  to  keep  an  accurate  account  of  all  moneys  paid  to 
the  treasurer  on  account  of  said  board  and  all  moneys  paid  or 
orders  drawn  on  the  treasurer  by  order  of  said  board,  and  to 
prepare  and  publish  an  annual  report  showing  (1)  the  moneys 
received  by  the  treasurer  since  the  last  report,  and  from  what 
source  received;  (2)  the  amount  of  sinking  fund,  and  how 
invested;  (3)  the  moneys  paid  out,  and  for  what;  (4)  the  bal- 
ance of  general  fund  in  the  hands  of  the  treasurer;  (5)  and 
the  number,  date  and  amount  of  any  bond  issued  by  said  board 
and  of  all  bonds  purchased  for  the  sinking  fund ;  and  the  clerk 
shall  perform  such  other  duties  as  the  board  or  its  committees 
shall  require.  (Laws  1911,  ch.  269,  sec.  3.) 

§133.  Superintendent.  [9074]  That  the  board  of  education 
in  cities  of  the  first  and  second  class,  at  such  times  as  they 
may  deem  expedient,  shall  elect  a  superintendent  of  schools, 
who  shall  not  be  a  member  of  ,said  board,  for  a  term  of  one 
or  two  years,  as  the  board  may  choose,  and  whose  term  shall 
begin  on  the  first  Monday  in  August.  The  superintendent 
shall  have  charge  and  control  of  the  public  schools  of  the  city, 
subject  to  the  orders,  rules  and  regulations  and  by-laws  of  the 
board,  and  shall  receive  for  his  services  such  compensation  as 
the  board  may  allow.  Such  superintendent  shall  be  the  holder 
of  a  state  certificate  valid  for  at  least  three  years,  or  be  a 
graduate  of  an  accredited  normal  school,  college  or  university : 
Provided,  That  the  qualifications  herein  specified  shall  not  ap- 
ply to  any  person  holding  the  position  of  superintendent  of 
schools  in  any  city  of  the  first  or  second  class  at  the  date  when 
this  act  shall  take  effect.  (Laws  1911,  ch.  269,  sec.  4.) 

§134.  Examining  Committee;  Teachers.  [9075]  That  the 
board  of  education  in  cities  of  the  first  and  second  class,  at 
such  times  as  they  may  deem  expedient,  shall  appoint  two 
competent  persons  who,  with  the  superintendent  as  chairman 
thereof,  shall  be  styled  the  examining  committee  of  the  board 
of  education,  whose  duty  it  shall  be  to  examine  all  persons 


56 


CITIES   OF  FIRST,   SECOND   AND   THIRD  CLASS.      [CH.    6 


who  shall  apply  to  them  as  teachers;16  and  no  person  except 
one  who  holds  a  diploma  or  a  certificate  from  the  State  Board 
of  Education  or  a  diploma  from  the  State  Normal  School  shall 
be  elected  by  the  board  as  a  teacher,  unless  such  person  is  the 
holder  of  a  certificate  from  the  examining  committee,  signed  by 
all  or  a  majority  of  them,  and  setting  forth  that  such  person 
is  competent  to  teach  in  such  department17  of  the  public  schools 
as  may  be  stated  in  the  certificate  and  is  a  person  of  good  moral 
character.  (Laws  1911,  ch.  269,  sec.  5.) 

§  135.  Use  of  School  Buildings.  [9077]  The  board  of  edu- 
cation of  cities  of  the  first  and  the  second  class  shall  have  the 
care  and  keeping  of  all  school  buildings  and  other  school  prop- 
erties belonging  to  the  city  school  districts.  They  shall  have 
authority  to  open  any  or  all  school  buildings  for  the  use  of 
night  schools,  improvement  associations,  scientific,  mechanical 
or  agricultural  societies,  under  such  regulation  as  the  board  of 
education  may  adopt :  Provided,  That  the  board  of  education 
may  at  any  time,  if  they  think  best,  refuse  to  open  any  or  all 
school  buildings  for  any  or  all  of  these  purposes.  (Laws  1913, 
ch.  283,  sec.  1.) 


ARTICLE  II.— Cities  of  the  First,  Second  and  Third  Class. 


§136.  Right  of  eminent  domain. 

137.  Commissioners  to   appraise  and   con- 

demn property. 

138.  Notice;  report. 

139.  Title  to  land;  appeal. 

140.  Costs. 


§141.   County  high  schools. 

142.  Depositories  for  funds,   cities  of  sec- 

ond and  third  class. 

143.  School  boards  may  purchase  or  lease 

playgrounds. 

144.  Tax  levy  for  playgrounds. 


§  136.  Right  of  Eminent  Domain.  [9408]  That  the  right 
of  eminent  domain  be  and  the  same  is  hereby  conferred  upon 
the  boards  of  education  of  all  cities  of  the  first  and  second 
class,  all  such  boards  having  always  been  distinct  bodies  cor- 
porate possessing  the  usual  powers  of  bodies  of  [or]  corpo- 
rations for  public  purposes,  and  any  school  district  in  which 
is  located  a  city  of  the  third  class.  (Laws  1909,  ch.  86,  sec.  1.) 

§  137.  Commissioners  to  Appraise  and  Condemn  Property. 
That  section  9409  of  the  General  Statutes  of  Kansas  for  1915 
be  and  is  hereby  amended  so  as  to  read  as  follows :  Sec.  9409. 
That  whenever  it  shall  be  deemed  necessary  by  the  board  of 
education  of  any  city  of  the  first  or  second  class  or  any  school 
district  in  which  is  located  a  city  of  the  third  class  or  the  board 
of  trustees  of  any  county  high  school  to  appropriate  as  much 
as  it  may  deem  necessary  of  any  private  property  for  its  use 

16.  Qualifications  of  Teachers  in  Cities  of  the  First  and  Second  Class. 
The  school  law  authorizes  the  board  of  education  in  a  city  of  the  first  or 
second  class  to  examine  teachers  as  to  their  qualification  to  teach  in  any 
given  department  of  the  public  schools  of  such  city.     Said  board  of  edu- 
cation has  power  to  determine  the  kind  and  grade  of  the  certificates  and 
for  how  long  valid.    Certificates  of  this  kind  are  valid  in  the  city  of  issue 
only.     Cities  of  the  first  and  second  class  must  recognize  certificates  and 
diplomas  issued  by  the  State  Board  of  Education  and  the  State  Normal 
Schools. 

17.  Such  certificates  are  valid  in  elementary  schools  only.     (See  sec- 
tion 71  of  this  book.) 


CH.    6]      CITIES   OF   FIRST,   SECOND   AND   THIRD   CLASS.  57 

for  sites  for  school  buildings,  playgrounds,  agricultural,  in- 
dustrial or  athletic  purposes,  or  any  addition  or  extension  to 
any  school  building  site  or  playground  already  selected,  the 
board  of  education  of  such  city,  or  such  school  board,  or  board 
of  trustees  of  such  county  high  school  shall  cause  a  survey, 
description  and  plat  of  the  land  so  required,  to  be  made  and 
filed  with  its  clerk  and  thereupon  shall  make  an  order  declar- 
ing that  the  appropriation  of  such  land  is  necessary,  and  set- 
ting forth  for  what  purposes  the  same  is  to  be  used.  Upon 
written  application  of  the  board  of  education  of  said  city,  or 
school  board  of  any  school  district  in  which  is  located  a  city  of 
the  third  class,  or  board  of  trustees  of  any  county  high  school, 
or  a  majority  of  the  board,  it  shall  be  the  duty  of  the  judge  of 
the  district  court  of  the  county  in  which  such  land  is  situated 
to  appoint  three  disinterested  freeholders  of  such  county  as 
commissioners  to  condemn  and  appraise  such  lands,  which 
appointment  shall  be  in  writing  and  certified  to  said  board  of 
education,  school  board  or  board  of  trustees,  and  said  board 
shall  without  delay  cause  such  application  and  certificate  of  the 
appointment  to  be  recorded  in  the  office  of  the  register  of 
deeds  of  such  county ;  and  in  case  any  person  so  appointed  re- 
fuses or  fails  to  serve  as  such  commissioner  for  any  reason, 
the  said  district  judge,  upon  the  application  of  such  board, 
shall  appoint  some  other  person  having  the  proper  qualifica- 
tions to  fill  such  vacancy.  Such  commissioners  shall  be  sworn 
honestly  and  faithfully  to  perform  their  duties ;  and  such  com- 
missioners shall  proceed  immediately  after  their  appointment 
to  condemn  and  appraise  the  value  of  the  lands  so  selected. 
(Laws  1917,  ch.  273,  sec.  1.) 

§  138.  Notice;  Report.  [9410]  Such  commissioners  shall 
give  at  least  thirty  days'  notice  of  the  time  and  place  when  and 
where  the  damage  will  be  assessed,  by  publication  for  three 
consecutive  weeks  in  some  newspaper  of  general  circulation 
published  in  such  county  that  on  the  time  fixed  by  such  notice 
they  will  upon  actual  view  appraise  the  value  of  the  lands 
taken  and  assess  any  other  damages  to  the  owners  thereof. 
Such  notice  shall  describe  the  property  taken  and  the  name  or 
names  of  the  owner  if  known.  The  said  commissioners  may 
adjourn  as  often  and  for  such  length  of  time  as  may  be  deemed 
convenient,  and  may  during  any  adjournment  perfect  and  cor- 
rect all  errors  or  omissions  in  the  giving  of  notice  by  making 
new  publication,  citing  corporations  or  individual  property 
owners  who  have  not  been  notified,  or  if  defective  or  insuffi- 
cient notice  has  been  given,  a  notice  of  any  adjourned  meeting 
shall  be  as  effective  as  notice  of  the  first  meeting  of  the  com- 
missioners, and  the  commissioners  shall,  upon  completing  their 
duties,  make  and  sign  a  report  describing  the  land  so  con- 
demned, the  purpose  for  which  it  was  condemned,  and  the  ap- 
praised value  thereof,  which  report  shall  be  by  them  filed  in  the 


58  CITIES    OF   FIRST,    SECOND   AND   THIRD   CLASS.       [CH.    6 

office  of  the  city  clerk  of  the  city  or  clerk  of  said  school  district 
in  which  such  land  is  located.  Any  such  city  clerk  or  clerk  of 
said  school  district  shall  immediately  cause  a  certified  copy  of 
such  report  to  be  filed  in  the  office  of  the  register  of  deeds  of 
the  county  in  which  such  land  is  situated,  and  by  such  register 
duly  recorded  as  other  instruments  of  writing  affecting  the 
titles  to  real  estate.  (Laws  1909,  ch.  86,  sec.  3.) 

§  139.  Title  to  Land;  Appeal,  [9411]  Such  city  clerk  or 
clerk  of  such  school  district  shall  immediately  cause  a  certified 
copy  of  such  report  to  be  filed  with  the  clerk  of  such  board  of 
education  or  clerk  of  said  school  district.  If  within  thirty  days 
after  such  report  is  filed  in  the  office  of  the  city  clerk  or  clerk 
of  said  school  district  the  board  of  education  or  said  school 
board  shall  pay  to  the  county  treasurer  for  the  use  of  the  owner 
of  such  land  the  amount  of  the  appraised  value  thereof,  the 
title  of  such  land  so  condemned  and  appropriated  shall  imme- 
diately vest  in  such  board  of  education  of  said  school  district, 
which  shall  have  the  right  forthwith  to  take  possession  of, 
occupy,  use  and  improve  the  same.  Either  party,  the  owner 
of  the  land  or  the  board  of  education  of  said  school  district, 
may  appeal  from  such  appraisement  to  the  district  court  in  the 
same  time  and  manner  that  appeals  are  taken  from  the  judg- 
ments of  justices  of  the  peace  in  civil  actions,  except  as  pro- 
vided in  the  following  paragraph:  The  appeal  bond  shall  be 
filed  with  and  approved  by  the  clerk  of  the  district  court  in 
which  said  land  so  condemned  and  appropriated  is  situated, 
and  such  clerk  or  clerk  of  said  district  shall  immediately  make 
a  transcript  of  the  report  of  such  commissioners  and  such 
bond  and  file  the  same  with  the  clerk  of  the  district  court  of  the 
county  in  which  said  lands  are  located.  (Laws  1909,  ch.  86, 
sec.  4.) 

§  140.  Costs.  [9412]  That  all  costs  and  expenses  of  such 
condemnation  proceedings  shall  be  paid  by  such  board  of  edu- 
cation or  such  school  board  out  of  its  school  fund.  (Laws  1909, 
ch.  86,  sec.  5.) 

§  141.  County  High  Schools.  [9413]  The  provisions  of  this 
act  shall  also  apply  to  and  include  boards  of  trustees  of  county 
high  schools  now  or  hereafter  organized  in  the  state  of  Kansas. 
(Laws  1909,  ch.  86,  sec.  6.) 

§  142.  Depositories  for  Funds,  Cities  of  Second  and  Third 
Class.  [1029]  That  in  all  cities  of  the  second  and  third  classes 
the  city  treasurer,  and  also  the  treasurer  of  the  board  of  edu- 
cation of  cities  of  the  second  class,  and  the  treasurer  of  the 
school  board  of  any  district  in  which  there  is  a  city  of  the  third 
class,  shall  deposit  all  public  moneys  coming  into  their  hands 
in  their  official  capacity  in  some  responsible  bank  or  banks 
within  said  city,  the  same  to  be  designated  by  the  mayor  and 
councilmen  of  such  cities,  and  in  the  case  of  such  school  funds 
said  depositories  to  be  designated  by  the  board  of  education  or 


CH.    6]      CITIES   OF  FIRST,   SECOND   AND   THIRD   CLASS.  59 

school  board,  as  the  case  may  be,  in  such  city.  Such  deposit 
shall  be  made  in  the  name  of  such  treasurer  as  such  officer, 
and  such  banks  shall  pay  such  interest  on  average  daily  bal- 
ances as  may  be  agreed  upon,  figured  on  even  hundreds  of 
dollars :  Provided,  That  in  no  case  shall  the  rate  of  interest  be 
less  than  two  per  centum  per  annum  on  such  average  daily 
balances:  And  provided  further,  That  where  more  than  one 
bank  is  designated  as  depository  for  any  fund,  such  fund  shall 
be  equally  divided  by  the  treasurer  of  such  fund  among  such 
banks.  Before  making  such  deposits  the  mayor  and  council- 
men,  the  board  of  education  or  school  board,  as  the  case  may 
be,  shall  take  from  such  bank  or  banks  a  good  and  sufficient 
bond,  payable  to  such  city,  board  of  education,  or  school  board, 
as  the  case  may  be,  the  same  to  be  approved  by  such  mayor  and 
councilmen,  or  board  of  education,  or  school  board,  as  the  case 
may  be,  in  a  sum  double  the  largest  approximate  amount  that 
may  be  on  deposit  at  any  one  time,  or  the  bond  of  some  surety 
company  empowered  to  do  business  in  the  state  of  Kansas  in  a 
sum  aggregating  the  largest  approximate  sum  that  may  be  on 
deposit  at  any  one  time,  conditioned  that  such  deposit  shall  be 
promptly  paid  on  the  check  or  draft  of  the  treasurer  of  such 
city,  board  of  education  or  school  board,  and  the  bondsmen  of 
such  treasurer  shall  not  be  liable  for  money  so  deposited ;  but 
in  no  case  shall  more  than  one-half  of  the  amount  of  said  de- 
pository bond  be  subscribed  by  the  officers  of  said  bank,  and 
such  bank  or  banks  shall  on  the  first  day  of  each  month  file 
with  the  clerk  of  such  city,  board  of  education  or  school  board, 
as  the  case  may  be,  a  statement  of  the  amount  of  money  on 
hand  at  the  close  of  business  each  day  during  the  previous 
month  and  the  amount  of  interest  accrued  thereon  to  said  date. 
(Laws  1909,  ch.  89,  sec.  1.) 

§  143.  School  Boards  May  Purchase  or  Lease  Playgrounds. 
That  section  9125  of  the  General  Statutes  of  Kansas  for  1915 
is  amended  to  read  as  follows:  Sec.  9125.  That  the  school 
boards  and  boards  of  education  in  all  cities  of  this  state  are 
hereby  authorized  to  purchase  or  lease  grounds  for  public  rec- 
reation places  and  playgrounds,  and  to  establish  and  maintain 
for  children  on  such  grounds  and  in  the  public  school  build- 
ings and  on  the  public  school  grounds,  under  the  custody  and 
management  of  such  school  boards  or  boards  of  education, 
public  recreation  places  and  playground  and  necessary  accom- 
modations for  the  same.  Such  school  boards  or  boards  of  edu- 
cation are  also  hereby  authorized  to  cooperate  with  the  officers 
having  the  custody  and  management  of  public  buildings  and 
public  parks  and  other  public  grounds  in  such  cities,  and,  by 
making  satisfactory  arrangements  with  such  officers,  to  pro- 
vide for  the  supervision,  instruction  and  oversight  necessary 
to  carry  on  public  educational  and  recreational  activities  as 
described  in  this  section  in  such  buildings  and  upon  such  parks 
and  grounds.  (Laws  1917,  ch.  274,  sec.  1.) 


60 


CITIES   OF  FIRST   CLASS. 


[CH.    6 


§  144.  Tax  Levy  for  Playgrounds.  That  section  9126  of 
the  General  Statutes  of  Kansas  for  1915  is  amended  to  read 
as  follows :  Sec.  9126.  That,  in  addition  to  the  taxes  which 
school  boards  and  boards  of  education  in  all  cities  of  the  state 
are  empowered  to  levy  under  existing  statutes,  such  school 
boards  and  boards  of  education  are  hereby  authorized  to  levy 
a  tax  not  exceeding,  in  any  one  year,  one-fourth  of  one  mill  on 
the  dollar  on  all  personal,  mixed  and  real  property,  within 
such  cities,  taxable  according  to  the  laws  of  the  state  of  Kan- 
sas, for  the  purpose  of  paying  the  cost  of  the  activities  here- 
inbefore mentioned  in  this  act.  Such  tax  shall  be  levied  at  the 
same  time  and  in  the  same  manner,  and  collected  and  dis- 
bursed by  the  same  officers,  as  other  taxes  levied  by  such 
school  boards  and  boards  of  education.  (Laws  1917,  ch.  274, 
sec.  2.) 


ARTICLE  III.— Cities  of  the  First  Class. 


§145. 
146. 
147. 
148. 

149. 
150. 
151 
152 

153 
154 
155 
156 
157 

158. 

159. 
160. 
161. 
162. 
163. 
164. 

165. 
166. 
167. 


Cities  of  the  first  class  defined. 

Attachment  of  adjacent  territory. 

Powers  of  board  of  education. 

Organization  of  board,  bond  and  oath 
of  clerk. 

Duty  of  president. 

Duty  of  vice  president. 

Duty  of  treasurer. 

Members  of  board  shall  not  receive 
pay. 

Vacancy  in  examining  committee. 

Annual  levy  of  taxes. 

Levy;  limitations. 

Taxes  paid  in  money. 

Whole  city  shall  compose  school  dis- 
trict. 

School  property  held  by  board  of 
education. 

Sale  of  property. 

Meetings  of  board. 

Annual  report. 

Expenditures. 

Sectarian  doctrine. 

School  property  exempt  from  taxa- 
tion. 

Free  dental  inspection. 

Employment  of  dentists;  regulations. 

Certificate  of  inspection. 


§168.   Bonds. 

169.  Bond  election;  limitation. 

170.  Date,  rate,  time,  and  signature. 

171.  Annual  levy  for  interest  and  sinking 

fund. 

172.  Use  of  sinking  fund. 

173.  Payment  of  interest. 

174.  Security. 

175.  Registry  of  bonds. 

176.  Refunding  of  outstanding  bonds. 

177.  Registration  and  signature 

178.  Tax  levy  to  pay  interest  and  bonds. 

179.  Penalty   for   failure   to   levy   tax   for 

payment  of  coupons. 

180.  Use    of    money    levied    and    collected 

under  this  act. 

181.  Bonds  for  outstanding  warrants. 

182.  Denominations;  payment. 

183.  Bonds  to   be   sold   at  par;    waiTants 

delivered. 
134.  Tax  for  interest  and  sinking  fund. 

185.  Bonds     for     outstanding     warrants, 

cities  less  than  16,000  population. 

186.  Denominations;  payment. 

187.  Bonds    sold    at    par;     warrants    de 

livered. 

188.  Tax  for  interest  and  sinking  fund. 


§  145.  Cities  of  the  First  Class  Defined.  [9078]  All  cities 
of  more  than  15,000  inhabitants  shall  be  governed  by  the  pro- 
visions of  this  act.  (Laws  1876,  ch.  122,  art.  10,  sec.  1.) 

§  146.  Attachment  of  Adjacent  Territory.  [9114]  Terri- 
tory outside  the  city  limits  of  any  city  of  the  first  class,  but 
adjacent  thereto,  may  be  attached  to  such  city  for  school  pur- 
poses, upon  the  application  being  made  to  the  board  of  educa- 
tion of  such  city  by  a  majority  of  the  electors  of  such  adjacent 
territory;  and  upon  the  application  being  made  to  the  board 
of  education  they  shall,  if  they  deem  it  proper  and  to  the  best 
interests  of  the  school  of  said  city  and  territory  seeking  to  be 
attached,  issue  an  order  attaching  such  territory  to  such  city 
for  school  purposes  and  to  enter  the  same  upon  their  journal, 
and  such  territory  shall  from  the  date  of  such  order  be  and 


CH.    6]  CITIES   OF   FIRST   CLASS.  61 

compose  a  part  of  such  city  for  school  purposes  only,  and  the 
taxable  property  of  such  adjacent  territory  shall  be  subject  to 
taxation  and  bear  its  full  proportion  of  all  expenses  incurred 
in  the  erection  of  school  buildings  and  in  maintaining  the 
schools  of  said  city.  Such  territory  shall  be  attached  to  the 
several  wards  of  such  city  contiguous  thereto  as  shall  be  de- 
termined by  the  board  of  education  of  any  such  city,  and  when 
so  attached  shall  remain  parts  of  such  for  school  purposes  only. 
Persons  residing  upon  such  attached  territory  and  possessing 
the  qualifications  of  electors  under  the  laws  of  the  state  of 
Kansas  shall  be  qualified  to  vote  at  an  election  held  in  any  such 
city  for  school  purposes  only  in  any  such  ward  of  such  city  to 
which  such  territory  shall  be  attached,  and  official  ballots 
shall  be  printed  for  such  attached  territory  to  such  wards  as  in 
other  cases.  (Laws  1911,  ch.  93,  sec.  1.) 

§  147.  Powers  of  Board  of  Education.18  [9108]  The  board 
of  education  shall  have  power  to  elect  their  own  officers,  make 
all  necessary  rules  for  the  government  of  the  schools  of  such 
city  under  its  charge  and  control  and  of  the  board,  subject  to 
the  provisions  of  this  act  and  the  laws  of  this  state ;  to  organ- 
ize and  maintain  separate  schools  for  the  education  of  white 
and  colored  children,  including  the  high  schools  in  Kansas 
City,  Kan.;  no  discrimination  on  account  of  color  shall  be 
made  in  high  schools,  except  as  provided  herein;  to  exercise 
the  sole  control  over  the  public  schools  and  school  property  of 
such  city;  and  shall  have  the  power  to  establish  a  high  school 
or  high  schools  in  connection  with  manual  training  and  in- 
struction or  otherwise,  and  to  maintain  the  same  as  a  part  of 
the  public-school  system  of  said  city.  (Laws  1905,  ch.  414, 
sec.  1.) 

§148.  Organization  of  Board;  Bond  and  Oath  of  Clerk. 
That  section  9087  of  the  General  Statutes  of  Kansas  for  1915 
is  amended  to  read  as  follows:  Sec.  9087.  That  the  board 
of  education  in  each  city  of  the  first  class,  at  its  regular  meet- 
ing on  the  first  Monday  in  August  in  each  year,  shall  organize 
by  the  election  of  a  president  and  vice  president  from  its  mem- 
bers, each  of  whom  shall  serve  for  one  year  and  until  his  suc- 
cessor is  elected  and  qualified ;  and  the  board  shall  elect  a  clerk 
for  a  term  of  one  year  who  shall  not  be  a  member  of  said  board,, 
who  shall  receive  for  his  services  such  compensation  as  the 
board  may  allow.  Before  entering  upon  the  discharge  of  his 
duties,  the  clerk  of  the  board  of  education  shall  give  bond  in  the 
sum  of  one  thousand  dollars,  with  good  and  sufficient  sureties, 
to  be  approved  by  the  board,  and  shall  take  and  subscribe  an 
oath  or  affirmation  before  a  proper  officer  that  he  will  support 
the  constitution  of  the  United  States,  the  constitution  of  the 

18.  See  sections  128-134  for  the  organization  and  election  of  boards 
of  education  in  cities  of  the  first  and  second  class. 


62  CITIES   OF   FIRST   CLASS.  [CH.    6 

state  of  Kansas,  and  faithfully  perform  the  duties  of  his  office. 
(Laws  1917,  ch.  269,  sec.  1.) 

§  149.  Duty  of  President.  [9085]  It  shall  be  the  duty  of 
the  president  to  preside  at  all  meetings  of  the  board  of  educa- 
tion, to  appoint  all  committees  whose  appointment  is  not  other- 
wise provided  for,  and  to  sign  all  warrants  ordered  by  the 
board  of  education  to  be  drawn  upon  the  city  treasurer  for 
school  moneys.  (Laws  1876,  ch.  122,  art.  10,  sec.  6.) 

§  150.  Duty  of  Vice  President.  [9086]  It  shall  be  the  duty 
of  the  vice  president  to  perform  all  the  duties  of  the  presi- 
dent, in  case  of  his  absence  or  disability.  (Laws  1876,  ch.  122, 
art.  10,  sec.  7.) 

§151.  Duty  of  Treasurer.  [9088]  The  treasurer  of  the  city 
shall  be  ex  officio  the  treasurer  of  the  board  of  education,  and 
shall  give  bond  to  the  board  of  education  as  the  board  may  re- 
quire, said  bond  to  be  approved  by  the  board  of  education  and 
filed  with  its  clerk.  It  shall  be  the  duty  of  the  treasurer  to  de- 
posit daily  all  money  belonging  to  the  board  of  education  in 
some  responsible  bank,  to  be  designated  by  the  board  of  educa- 
tion, in  the  name  of  such  treasurer  as  such  officer,  which  bank 
shall  pay  interest  on  monthly  average  balances  as  may  be 
agreed  upon  by  such  bank  and  the  board  of  education ;  and  be- 
fore making  such  deposits  the  board  of  education  shall  take 
from  such  bank  a  good  and  sufficient  bond  in  a  sum  to  be  desig- 
nated by  the  board  of  education,  conditioned  that  such  deposit 
shall  be  promptly  paid  on  the  check  or  draft  of  such  treasurer. 
The  treasurer  shall  attend  all  of  the  meetings  of  the  board 
when  required  to  do  so,  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  finances  of  said  board,  and  shall  pay 
school  moneys  only  upon  a  warrant  signed  by  the  president,  or 
in  his  absence  by  the  vice  president,  and  countersigned  by  the 
clerk.  The  treasurer  shall  receive  from  the  board  of  educa- 
tion fifty  dollars  per  annum  for  his  services  as  treasurer,  and 
no  more:  Provided,  That  boards  of  education  in  cities  of  the 
first  class  may,  if  they  deem  it  proper,  elect  the  treasurer  of 
the  board  of  education  to  serve  during  the  pleasure  of  the  board 
and  receive  such  salary  as  they  may  determine.  (Laws  1911, 
ch.  97,  sec.  1.) 

§  152.  Members  of  Board  Shall  Not  Receive  Pay.  [9089] 
No  member  of  the  board  of  education  shall  receive  any  pay  or 
emolument  for  his  services.  (Laws  1876,  ch.  122,  art.  10, 
sec.  11.) 

§  153.  Vacancy  in  Examining  Committee.  [9090]  The 
board  of  education  shall  have  power  to  fill  any  vacancy  which 
may  occur  in  the  examining  committee.  (Laws  1876,  ch.  122, 
art.  10,  sec.  13.) 

§  154.  Annual  Levy  of  Taxes.  [9079]  That  the  board  of 
education  in  cities  of  the  first  class  shall,  in  the  month  of 


CH.    6]  CITIES    OF   FIRST    CLASS.  63 

August  of  each  year,  levy  a  tax  for  the  support  of  the  schools 
of  the  city,  including  building  and  repair  of  school  buildings, 
for  the  fiscal  year  commencing  on  the  1st  day  of  July  last  pre- 
ceding the  month  of  August  in  which  levy  shall  be  made,  not 
exceeding  in  any  one  year  twenty  mills  on  the  dollar  on  all 
personal,  mixed  and  real  property  within  said  city  which  is 
taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  president  and  clerk  of  the  board  shall,  on  or  before 
August  25,  certify  to  the  county  clerk,  who  is  hereby  author- 
ized and  required  to  place  the  same  on  the  tax  roll  of  said 
county,  to  be  collected  by  the  treasurer  of  the  county  as  are 
other  taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education,  subject  to  the  order  of  said  board  of  edu- 
cation :  Provided,  That  in  all  cities  of  the  first  class  having  a 
population  of  exceeding  thirty-eight  thousand  inhabitants,  the 
board  of  education  of  such  city  shall  have  power  and  is  hereby 
authorized  to  levy  a  tax  for  the  support  of  the  schools  of  such 
city  for  such  fiscal  year  of  not  to  exceed  seventeen  mills  on 
the  dollar  of  all  taxable  property  in  such  city,  and  shall  have 
power,  in  addition  thereto,  to  levy  a  tax  upon  all  the  taxable 
property  in  such  city  of  not  exceeding  three  mills  on  the  dol- 
lar of  the  assessed  valuation  for  building  purposes  and  repairs 
of  school  buildings  in  such  city :  And  provided  further,  That 
each  and  all  of  the  foregoing  levies  hereby  authorized  shall  be 
exclusive  of  and  in  addition  to  the  amount  necessary  to  be 
levied  under  existing  laws  for  the  payment  of  interest  upon 
bonds  heretofore  issued  or  which  may  be  hereafter  issued  by 
boards  of  education  of  cities  of  the  first  class  and  for  a  sinking 
fund  for  the  redemption  of  such  bonds,  as  provided  by  the  laws 
under  which  such  bonds  have  been  or  may  be  issued.  (Laws 
1907,  ch.  330,  sec.  1.) 

§  155.  Levy,  Limitations.  That  section  1  of  chapter  308  of 
the  Laws  of  1919  be  and  the  same  is  hereby  amended  to  read 
as  follows:  Sec.  1.  That  the  authority  of  boards  of  educa- 
tion in  cities  of  the  first  class  to  levy  taxes  as  provided  in  chap- 
ter 330,  Laws  of  1907,  is  hereby  limited  so  that  the  board  of 
education  of  any  such  city  shall  not  fix  a  rate  of  levy  for  the 
respective  purposes  in  excess  of  the  following  named  rates: 
For  the  support  of  the  schools  of  the  city  the  rate  of  levy  shall 
not  exceed  12  mills ;  for  the  purchase  of  sites  and  for  the  con- 
struction and  repairing  of  school  buildings  the  rate  of  levy  shall 
not  exceed  2  mills.  (Laws  1920,  ch.  52,  sec.  9.) 

§  156.  Taxes  Paid  in  Money.  [9091]  All  taxes  collected  for 
the  benefit  of  the  public  schools  shall  be  paid  in  money, 
and  shall  be  placed  in  the  hands  of  the  city  treasurer,  subject 
to  the  order  of  the  board  of  education.  (Laws  1876,  ch.  122, 
art.  10,  sec.  15.) 

§  157.  Whole  City  Shall  Compose  School  District.  [9092] 
The  whole  city  shall  compose  a  school  district  for  all  purposes 


64  CITIES   OF   FIRST   CLASS.  [CH.    6 

of  taxation,  but  may  be  subdivided  by  the  board  of  education 
into  as  many  districts  as  they  may  think  proper.  (Laws  1876, 
ch.  122,  art.  10,  sec.  16.) 

§  158.  School  Property  Held  by  Board  of  Education.  [9093] 
The  title  of  all  property  held  for  the  use  or  benefit  of  the  public 
schools  shall  be  vested  in  the  board  of  education,  and  held  by 
them  in  trust  for  the  city;  and  the  board  of  education  may  sue 
in  its  own  name  for  all  money  due  or  to  become  due  to  the 
board  or  the  school  fund,  and  for  any  trespass  upon,  injury  to 
or  concession  of  any  of  the  school  property  of  said  city,  for  the 
benefit  of  the  school  fund  of  such  city.  (Laws  1876,  ch.  122, 
art.  10,  sec.  17.) 

§  159.  Sale  of  Property.  [9094]  No  school  property  of  any 
kind  shall  be  sold  or  conveyed  by  the  board  of  education,  ex- 
cept at  a  regular  meeting  of  the  same,  and  not  then  without 
an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the 
members  of  said  board.  (Laws  1876,  ch.  122,  art.  10,  sec.  18.) 

§  160.  Meetings  of  the  Board.  [9095]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday  in 
each  month,  but  special  meetings  may  be  held  from  time  to 
time,  as  circumstances  may  demand.  (Laws  1876,  ch.  122, 
art.  10,  sec.  19.) 

§  161.  Annual  Report.  [9096]  The  board  of  education  at 
the  close  of  each  school  year,  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  pros- 
perity, and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  their  charge;  and  said  report,  or  such  por- 
tion of  it  as  the  board  of  education  shall  consider  of  advantage 
to  the  public,  shall  be  printed  either  in  a  public  newspaper  or 
in  pamphlet  form.  (Laws  1876,  ch.  122,  art.  10,  sec.  20.) 

§  162.  Expenditures.  [9097]  No  expenditures  involving 
an  amount  greater  than  $200  shall  be  voted,  except  in  accord- 
ance with  the  provisions  of  a  written  contract.  (Laws  1876, 
ch.  122,  art.  10,  sec.  21.) 

§  163.  Sectarian  Doctrine.  [9098]  No  sectarian  or  religious 
doctrine  shall  be  taught  or  inculcated  in  any  of  the  public 
schools  of  the  city;  but  nothing  in  this  section  shall  be  con- 
strued to  prohibit  the  reading  of  the  Holy  Scriptures.  (Laws 
1876,  ch.  122,  art.  10,  sec.  22.) 

§  164.  School  Property  Exempt  from  Taxation.  [9103]  All 
property  held  by  the  board  of  education  for  the  use  of  public 
schools  shall  be  exempt  from  taxation,  and  shall  not  be  taken 
in  any  manner  for  any  debt  due  from  the  city.  (Laws  1876, 
ch.  122,  art.  10,  sec.  23.) 

§  165.  Free  Dental  Inspection.  That  section  9099  of  the 
General  Statutes  of  1915  be  amended  to  read  as  follows :  Sec. 
9099.  That  the  boards  of  education  of  cities  of  the  first  and 
second  class  and  school  boards  of  school  districts  are  hereby 


CH.    6]  CITIES   OF   FIRST    CLASS.  65 

required  to  provide  for  free  dental  inspection  annually  for  all 
children,  except  those  who  hold  a  certificate  from  a  legally 
qualified  dentist  showing  that  this  examination  has  been  made 
within  three  months  last  past,  attending  such  schools.  (Laws 
1919,  ch.  263,  sec.  1.) 

§  166.  Employment  of  Dentists;  Regulations.  That  section 
9100  of  the  General  Statutes  of  1915  be  amended  to  read  as 
follows:  Sec.  9100.  That  said  boards  of  education  and  dis- 
trict boards  of  each  school  shall  provide  a  place  of  inspection 
and  designate  some  competent,  licensed  dentist  or  dentists  to 
make  such  inspection,  and  such  boards  of  education  and  dis- 
trict boards  may  fix  a  compensation  for  such  services,  which 
sum  may  be  paid  out  of  the  school  fund  of  each  school  for  the 
services  rendered  therein,  and  said  boards  of  education  for 
their  respective  cities  and  the  county  superintendent  of  public 
instruction  for  school  districts  are  hereby  authorized  to  make 
all  necessary  rules  and  regulations  for  the  proper  conduct  of 
such  inspection  and  carrying  into  effect  all  of  section  1  of 
this  act,  and  furnish  all  necessary  forms  and  blanks  for  the 
reports  of  such  inspection.  (Laws  1919,  ch.  263,  sec.  2.) 

§167.  Certificate  of  Inspection.  That  section  9101  of  the 
General  Statutes  of  1915  be  amended  to  read  as  follows :  Sec. 
9101.  That  certificate  of  the  result  of  such  inspection,  to- 
gether with  suggestions  of  requirements  for  the  curing  of  any 
defects  found  shall  be  made  by  the  party  making  such  inspec- 
tion, in  duplicate,  one  copy  of  same  to  be  furnished  to  the 
child  examined,  the  other  to  be  filed  with  the  clerk  of  the 
school  board  to  which  said  child  belongs :  Provided,  hoivever, 
That  no  work  other  than  the  inspection  and  report  shall  be 
performed  by  examining  dentist  without  the  consent  of  the 
parents  or  guardian  of  the  child.  (Laws  1919,  ch.  263,  sec.  3.) 

§  168.  Bonds.  [9080]  Whenever  it  shall  be  necessary  to 
raise  funds  to  purchase  a  school  site  or  sites,  to  furnish,  to 
repair,  to  make  additions,  or  to  build  a  school  building,  it  shall 
be  the  duty  of  the  board  to  prepare  an  estimate  of  the  costs  of 
such  site  or  sites,  repairs,  additions/or  buildings,  together  with 
the  cost  of  furnishing  the  same,  with  estimates,  shall  be  spread 
upon  the  records  of  the  board,  when  adopted  by  a  recorded 
yea-and-nay  vote  of  two-thirds  of  all  the  members  of  the  board 
at  a  regular  meeting;  and  in  every  case  the  board  shall  com- 
plete said  repairs,  additions,  or  buildings,  together  with  the 
furnishing  of  the  same  and  the  purchase  of  such  site  or  sites, 
within  the  estimated  costs  thereof;  and  in  no  case  shall  any 
board  create  a  deficiency  or  outstanding  obligations  in  the 
purchase  of  such  site  or  sites,  the  making  of  such  repairs,  or 
the  erection  of  additions  or  buildings.  And  every  member  of 
a  school  board  who  shall  be  a  party  to  creating  a  deficiency  or 
outstanding  obligations  within  the  meaning  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  con- 

3 — School  Laws — 2728 


66  CITIES   OF   FIRST   CLASS.  [CH.    6 

viction  be  punished  by  removal  from  office  and  a  fine  of  not  less 
than  $100,  and  shall  be  personally  liable  for  damages  in  any 
action,  which  it  shall  be  the  duty  of  the  city  attorney  of  such 
city  of  the  first  class  to  prosecute,  brought  in  the  name  of  such 
school  district,  for  the  amount  of  such  deficiency  or  outstand- 
ing obligations,  which  money  when  so  collected  shall  be  used 
to  liquidate  such  deficiency  or  outstanding  obligations :  Pro- 
vided, That  any  vacancy  created  in  any  school  board  under 
the  operation  of  this  section  shall  be  filled  as  provided  in  sec- 
tion 2  of  this  act.19  (Laws  1891,  ch.  196,  sec.  3.) 

§  169.  Bond  Elections,  Limitation.  That  section  1,  of  chap- 
ter 262  of  the  Laws  of  1919  is  hereby  amended  to  read  as  fol- 
lows :  Section  1.  That  it  shall  be  the  duty  of  the  mayor  of  such 
cities  of  the  first  class,  within  thirty  days  after  receiving  a  cer- 
tified copy  of  the  action  of  the  board  of  education  showing  the 
necessity  and  giving  a  statement  of  the  estimated  cost  of  such 
school  sites,  repairs,  additions,  building  or  buildings,  signed 
by  the  clerk  and  countersigned  by  the  president  of  the  board, 
to  issue  a  proclamation  for  holding  an  election  to  vote  bonds 
to  the  amount  prayed  for  by  the  board;  but  no  bonds  shall 
be  issued  unless  a  majority  voting  at  such  election  shall  vote 
therefor;  nor  shall  the  entire  amount  of  such  school  bonds 
issued  exceed  in  the  aggregate,  including  existing  indebted- 
ness, three  per  cent  of  the  valuation  of  the  taxable  property 
of  such  city,  as  ascertained  by  the  last  assessment  of  property 
for  state  and  county  taxes,  previous  to  incurring  the  proposed 
indebtedness.  Any  member  of  a  board  of  education  or  officer 
thereof,  who  shall  vote  for,  counsel,  consent  to,  or  in  any  wise 
assist  in  the  issue  of  any  bond  or  bonds,  in  excess  of  the  per 
centum  herein  authorized,  shall  be  liable  jointly  and  severally 
to  the  holder  of  any  such  bonds  for  the  amount  due  thereon,  to 
be  recovered  in  a  civil  action  in  any  court  of  competent  juris- 
diction; and  judgment  thereon  may  be  collected  and  enforced 
in  the  same  manner  as  other  judgments  are  collected  and  en- 
forced. (Laws  1920,  ch.  55,  sec.  1.) 

§170.  Date,  Rate,  Time,  and  Signature.  [9082]  The  bonds, 
the  issuance  of  which  is  provided  for  in  this  act,  may,  at  the 
option  of  the  board,  be  installment  bonds.  All  bonds  shall  be 
dated  on  the  day  they  are  issued,  shall  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum,  payable  semiannually 
on  January  first  and  July  first,  and  shall  be  payable  in  not 
more  than  thirty  years.  They  shall  be  signed  by  the  president 
and  secretary,  attested  with  the  seal  of  the  board.  The  cou- 
pons, if  any  be  attached,  shall  be  signed  by  the  president  of 
the  board,  and  each  bond  so  issued  shall  not  be  for  a  sum  less 
than  fifty  dollars.  (Laws  1891,  ch.  196,  sec.  5.) 

§  171.  Annual  Levy  for  Interest  and  Sinking  Fund.  [9083] 
The  board  of  education  in  its  annual  estimate,  as  provided  for 

19.    Laws  1891,  ch.  196,  sec.  2. 


CH.    6]  CITIES    OF   FIRST    CLASS.  67 

in  section  2  of  this  act,20  shall  include  an  amount  sufficient  to 
pay  the  interest  as  it  accrues  on  all  outstanding  bonds  issued 
by  the  board,  and  also  to  create  a  sinking  fund  for  the  redemp- 
tion of  said  bonds,  and  shall  levy  and  cause  the  same  to  be  col- 
lected as  provided  for  in  said  section,  in  addition  to  the  levy 
authorized  by  said  section  for  school  purposes ;  and  such  money 
shall  remain  a  specific  fund  for  said  purposes  only,  and  shall 
not  be  appropriated  to  any  other  purpose.  (Laws  1891,  ch.  196; 
sec.  6.) 

§  172.  Use  of  Sinking  Fund.  [9104]  The  moneys  levied  and 
collected  for  creating  a  sinking  fund  for  the  redemption  of 
the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  be  used  and  employed  or  invested  as  follows:  (1)  After 
retaining  an  amount  sufficient  to  pay  the  principal  of  any 
bonds  maturing  during  the  year,  the  board  shall,  with  the  sur- 
plus of  such  sinking  fund,  when  the  same  shall  be  $1,000  or 
more,  purchase  any  of  the  outstanding  bonds  issued  by  the 
board.  Such  purchase  shall  be  made  at  the  lowest  price  such 
bonds  can  be  purchased  at,  but  at  not  more  than  par  value  of 
such  bonds;  and  whenever  there  shall  be  a  surplus  of  such 
sinking  fund  amounting  to  the  sum  of  $1,000,  the  board  shall 
purchase  therewith  like  bonds,  on  the  same  terms  and  condi- 
tions hereinbefore  specified.  (2)  If  for  any  reason  such  bonds 
can  not  be  purchased  as  hereinbefore  specified,  such  sinking 
fund  shall  be  invested  by  the  treasurer,  under  the  direction  of 
the  board  of  education,  at  such  times  as  the  board  shall  direct, 
in  the  interest-bearing  bonds  of  the  United  States  or  the  state 
of  Kansas,  which  shall  be  purchased  at  the  lowest  market  price. 
Interest  accruing  upon  such  bonds  shall  be  invested  in -the  same 
manner  and  for  the  same  purpose  as  sinking  fund.  Such  bonds 
shall  be  held  by  the  treasurer  until  the  principal  of  the  bonds 
issued  by  the  board  of  education  shall  become  due,  and  shall 
then  be  sold  at  the  highest  market  price,  and  the  proceeds 
applied  to  the  payment  of  the  bonds :  Provided,  That  if  at  any 
time  the  board  shall  deem  it  best,  it  shall  be  lawful  for  such 
board  to  sell  such  bonds  for  the  purpose  of  purchasing  the 
bonds  issued  by  such  board ;  but  all  such  sales  shall  be  at  the 
highest  market  price,  and  the  bonds  of  the  board  purchased 
with  the  proceeds  of  such  sale  shall  be  purchased  at  the  lowest 
price  they  can  be  obtained  for,  and  not  above  the  par  value  of 
such  bonds :  Provided,  That  no  bond  issued  by  the  board  of  edu- 
cation shall  be  purchased  by  said  board  that  has  not  been  out- 
standing five  years :  And  provided  further,  that  the  bonds  first 
maturing  shall  be  first  purchased,  if  they  can  be  purchased  on 
terms  as  favorable  to  the  board  as  any  others  offered  for  sale 
to  the  said  board.  All  bonds  of  the  said  board  purchased  under 
the  authority  hereby  given,  or  paid  by  the  board,  shall  be  forth- 
with canceled  and  destroyed,  and  the  clerk  shall  enter  on  the 

20.    Section  154  of  this  book. 


68  CITIES   OF   FIRST   CLASS.  [CH.   6 

bond  register  of  the  said  board,  on  the  margin  of  the  record  of 
said  bonds,  the  date  when  the  same  were  purchased  and  the 
price  paid ;  and  thereafter  no  interest  or  sinking  fund  shall  be 
levied  or  collected  for  or  on  account  of  said  bonds  so  canceled. 
Such  sinking  fund  shall  never  be  used  nor  appropriated  in  any 
other  manner  whatever.  (Laws  1876,  ch.  122,  art.  10,  sec.  27.) 

§  173.  Payment  of  Interest.  [9105]  Whenever  the  interest 
of  the  above-mentioned  bonds  shall  become  due,  the  same 
shall  be  paid  by  the  treasurer.  (Laws  1876,  ch.  122,  art.  10, 
sec.  28.) 

§  174.  Security.  [9106]  The  credit  of  the  school  fund  of 
the  city  i«  hereby  pledged  to  the  payment  of  the  interest  and 
principal  of  the  bonds  mentioned  in  this  article,  as  the  same 
may  become  due.  (Laws  1876,  ch.  122,  art.  10,  sec.  29.) 

§  175.  Registry  of  Bonds.  [9107]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register,  in  a  book  pro- 
vided for  that  purpose,  the  bonds  issued  under  this  act,  which 
said  registry  shall  show  the  number,  date  and  amount,  and  to 
whom  is  made  payable,  each  of  said  bonds.  (Laws  1876,  ch. 
122,  art.  10,  sec.  30.) 

§176.  Refunding  of  Outstanding  Bonds.  [9109]  The  board 
of  education  of  any  city  of  the  first  class  is  hereby  authorized 
and  empowered  to  refund  any  and  all  outstanding  bonds  here- 
tofore issued  by  order  of  said  board  by  issuing  new  bonds 
to  the  holder  of  such  outstanding  bonds :  Provided,  That  such 
new  bonds  shall  not  be  for  greater  amount  than  the  par 
value  of  the  bonds  refunded.  Such  refunding  bonds  shall 
severally,  be  of  such  amount  as  said  board  shall  direct,  and 
shall  state  for  what  purpose  issued,  and  be  payable  to  the  per- 
son to  whom  issued  or  bearer  within  twenty  years  after  date, 
and  shall  bear  interest  at  the  rate  not  exceeding  five  per  cent 
per  annum,  payable  semiannually,  on  January  1  and  July  1,  as 
evidenced  by  coupons  attached.  All  bonds  refunded  under  the 
provisions  of  this  act  shall  be  noted  as  surrendered  and  can- 
celed on  the  registry  of  the  said  board  and  the  same  shall  be 
destroyed  in  the  presence  of  said  board.  (Laws  1903,  ch.  70, 
sec.  1.) 

§177.  Registration  and  Signature.  [9110]  The  bonds 
hereby  authorized  shall  be  numbered,  and  shall  be  registered 
in  the  book  kept  by  said  board  for  the  registry  of  its  bonds ; 
and  said  bonds  shall  be  signed  by  the  president  and  clerk  of 
said  board,  attested  with  the  seal  of  said  board  by  the  clerk, 
and  countersigned  by  the  treasurer  of  said  city.  (Laws  1879, 
ch.  81,  sec.  4.) 

§  178.    Tax  Levy  to  Pay  Interest  and  Bonds.     [9111]     The 

board  of  education,  and  any  and  all  boards,  body,  or  officers, 

.  by  law  authorized  to  levy  and  collect  taxes  in  and  for  said  city 

for  the  support  of  schools  therein,  shall,  at  the  same  time  and 


CH.    6]  CITIES   OF   FIRST   CLASS.  69 

in  the  same  manner  as  the  other  taxes  for  school  purposes  are 
levied  and  collected,  and  in  each  and  every  year  until  said 
bonds  and  interest  are  fully  paid,  as  hereinbefore  provided, 
levy  or  cause  to  be  levied  upon  all  the  property  within  the  said 
city  subject  to  taxation  for  school  purposes  a  tax  or  taxes 
sufficient  in  amount  to  pay  and  discharge  two  of  the  coupons 
of  each  of  the  bonds  issued  under  the  provisions  of  this  act, 
and  then  outstanding,  and  cause  the  same  to  be  collected  in 
the  same  manner  as  other  school  taxes  are  collected,  and  with 
the  money  so  collected  pay  and  discharge  the  coupons  for 
which  said  tax  or  taxes  were  levied.  And  it  shall  be  the  duty 
of  the  clerk  of  the  said  board  to  forthwith,  on  the  payment  of 
any  such  coupons,  note  their  payment  upon  the  registry  of 
said  bonds,  and  present  the  same  to  the  board,  and  in  their 
presence  cancel  the  same  in  such  manner  as  the  board  shall 
direct;  and  said  coupons  shall  be  carefully  preserved  until  the 
final  payment  of  said  bonds,  and  then  destroyed;  and  the 
possession  of  such  coupons  by  the  board  shall  be  conclusive 
evidence  of  their  payment.  And  the  said  board  shall  issue  no 
bonds  thereafter,  except  the  refunding  bonds  provided  for  by 
this  act.  (Laws  1879,  ch.  81,  sec.  5.) 

§  179.  Penalty  for  Failure  to  Levy  Tax  for  Payment  of 
Coupons.  [9112]  If  said  board  of  education,  or  other  board, 
body,  or  officer,  whose  duty  it  shall  be  to  levy  taxes  for  the 
payment  of  the  coupons  of  the  said  bonds,  as  herein  provided, 
shall  neglect  or  refuse  to  levy  the  tax  or  taxes  for  the  pay- 
ment of  the  coupons  as  by  this  act  required,  each  member  of 
such  board  or  body,  and  each  officer,  who  shall  vote  against  or 
otherwise  oppose  the  levy  and  collection  of  such  tax  or  taxes, 
or  shall  do  any  act  to  prevent  or  delay  such  levy  and  collection, 
shall  be  liable,  jointly  and  severally,  to  each  and  every  holder 
of  such  bonds,  or  coupons  of  said  bonds,  which  would  have 
been  payable  from  such  taxes  if  the  same  had  been  levied,  for 
the  whole  amount  unpaid  on  such  coupons ;  and  the  same  may 
be  recovered  in  a  civil  action  in  any  court  of  competent  juris- 
diction, and  judgment  rendered  thereon  may  be  collected  and 
enforced  in  the  same  manner  as  other  judgments  are  collected 
and  enforced;  and  any  such  officer  so  neglecting  or  refusing 
to  levy  such  tax  shall  also  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  an  amount  equal  to 
the  amount  which  it  may  be  shown  should  have  been  so  levied 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term 
not  less  than  three  nor  more  than  twelve  months.  (Laws  1879, 
ch.  81,  sec.  6.) 

§  180.  Use  of  Money  Levied  and  Collected  under  this  Act. 
[9113]  Moneys  levied  and  collected  and  received  under  and 
pursuant  to  this  act  shall  not  be  used  or  employed  for  any 
other  purpose  than  the  payment  of  coupons  of  the  bonds  by 
this  act  authorized ;  and  any  member  of  said  board,  or  officer, 


70  CITIES   OF   FIRST   CLASS.  [CH.    6 

who  shall  cause  such  money  so  collected  to  be  used  for  any 
other  purpose,  temporary  or  otherwise,  whatever,  or  counsel 
or  consent  to  the  same  being  so  used,  shall  be  liable  jointly 
and  severally  to  the  holder  of  any  such  bonds  or  coupons  for 
any  coupons  due,  to  be  recovered  and  collected  as  in  section  6 
hereof  specified.21  (Laws  1879,  ch.  81,  sec.  7.) 

§  181.  Bonds  for  Outstanding  Warrants.  [654]  The  board 
of  education  of  any  city  of  the  first  class  having  a  population 
of  less  than  16,000  is  hereby  authorized  to  issue  bonds  of  such 
board  of  education,  in  an  amount  not  to  exceed  the  total 
amount  due  on  warrants  of  said  board  of  education  outstand- 
ing at  the  time  this  law  takes  effect,  including  accrued  inter- 
est thereon.  The  proceeds  of  said  bonds  shall  be  used  for  the 
payment  of  the  amount  due  on  such  outstanding  warrants,  in- 
cluding interest,  and  for  no  other  purpose  whatsoever.  (Laws 
1915,  ch.  310,  sec.  1.) 

§  182.  Denominations;  Payment.  [655]  Said  bonds  shall 
be  issued  in  denominations  of  not  less  than  one  hundred  dol- 
lars, and  shall  be  payable  not  more  than  twenty  years  from 
the  date  thereof,  and  shall  bear  interest  at  a  rate  not  to  exceed 
five  per  cent  per  annum,  payable  semiannually,  for  which  in- 
terest coupons  shall  be  attached  to  said  bonds.  The  board  of 
education  issuing  said  bonds  shall  by  resolution  determine  the 
time  or  times  when  said  bonds  shall  be  payable  and  the  de- 
nomination or  denominations  thereof.  The  bonds  shall  be 
signed  by  the  president  and  the  clerk  of  the  board  of  education 
issuing  the  same,  and  the  coupons  shall  be  signed  in  the  same 
way,  or  have  printed  or  engraved  thereon  a  facsimile  of  said 
signature.  (Laws  1915,  ch.  310,  sec.  2.) 

§183.  Bonds  to  be  Sold  at  Par;  Warrants  Delivered.  [656] 
Said  bonds  shall  be  sold  under  the  direction  of  the  board  of 
education  issuing  the  same,  for  not  less  than  their  par  value, 
and  no  commission  shall  be  allowed  for  the  same.  No  bonds 
shall  be  delivered  to  any  purchaser  unless  the  board  of  educa- 
tion issuing  the  same  shall  receive  at  the  time  of  the  delivery 
thereof  the  outstanding  warrants  which  are  paid  by  the  pro- 
ceeds of  the  said  bonds.  (Laws  1915,  ch.  310,  sec.  3.) 

§  184.  Tax  for  Interest  and  Sinking  Fund.  [657]  Each 
board  of  education  issuing  under  the  provisions  of  this  act  shall 
each  year  levy  a  tax  not  exceeding  two  mills  on  the  taxable 
property  of  said  city  and  the  territory  attached  thereto  for 
school  purposes  sufficient  to  pay  the  interest  accruing  thereon 
and  provide  a  sinking  fund  for  the  payment  of  the  principal  of 
said  bonds  as  it  may  deem  proper  from  said  tax.  (Laws  1915, 
ch.  310,  sec.  4.) 

§  185.  Bonds  for  Outstanding  Warrants,  Cities  Less  than 
16,000  Population.  The  board  of  education  of  any  city  of  the 

21.    Section  179  of  this  book. 


CH.    6]  CITIES   OF   FIRST   CLASS.  71 

first  class  having  a  population  of  less  than  16,000  is  hereby  au- 
thorized to  issue  bonds  of  such  board  of  education,  in  an 
amount  not  to  exceed  the  total  amount  due  on  warrants  of  said 
board  of  education  outstanding  at  the  time  this  law  takes 
effect,  including  accrued  interest  thereon.  The  proceeds  of 
said  bonds  shall  be  used  for  the  payment  of  the  amount  due 
on  such  outstanding  warrants,  including  interest,  and  for  no 
other  purpose  whatsoever.  (Laws  1920,  ch.  17,  sec.  1.) 

§186.  Denominations;  Payment.  Said  bonds  shall  be  issued 
in  denominations  of  not  less  than  one  hundred  dollars,  and  shall 
be  payable  not  more  than  twenty  years  from  the  date  thereof, 
and  shall  bear  interest  at  a  rate  not  to  exceed  five  per  cent  per 
annum,  payable  semi-annually,  for  which  interest  coupons  shall 
be  attached  to  said  bonds.  The  board  of  education  issuing  said 
bonds  shall  by  resolution  determine  the  time  or  times  when 
said  bonds  shall  be  payable  and  the  denomination  or  denomina- 
tions thereof.  The  bonds  shall  be  signed  by  the  president  and 
the  clerk  of  the  board  of  education  issuing  the  same,  and  the 
coupons  shall  be  signed  in  the  same  way,  or  have  printed  or 
engraved  thereon  a  facsimile  of  said  signature.  (Laws  1920, 
ch.  17,  sec.  2.) 

§  187.  Bonds  Sold  at  Par;  Warrants  Delivered.  Said  bonds 
shall  be  sold  under  the  direction  of  the  board  of  education  issu- 
ing the  same,  for  not  less  than  their  par  value,  and  no  com- 
mission shall  be  allowed  for  the  sale  of  the  same.  No  bonds 
shall  be  delivered  to  any  purchaser  unless  the  board  of  educa- 
tion issuing  the  same  shall  receive  at  the  time  of  the  delivery 
thereof  the  outstanding  warrants  which  are  paid  by  the  pro- 
ceeds of  the  said  bonds.  (Laws  1920,  ch.  17,  sec.  3.) 

§  188.  Tax  for  Interest  and  Sinking  Fund.  Each  board  of 
education  issuing  under  the  provisions  of  this  act  shall  each 
year  levy  a  tax  not  exceeding  two  mills  on  the  taxable  property 
of  said  city  and  the  territory  attached  thereto  for  school  pur- 
poses sufficient  to  pay  the  interest  accruing  thereon  and  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  principal  of  said 
bonds  as  it  may  deem  proper  from  said  tax.  (Laws  1920  ch. 
17,  sec.  4.) 


72 


CITIES   OF   SECOND   CLASS. 


[CH.   6 


ARTICLE  IV.— Cities  of  the  Second  Class. 


§189.   Cities  of  the  second  class  defined. 

190.  Free  schools. 

191.  Adjacent  territory. 

192.  Vote    of    residents    in    territory    at- 

tached. 

193.  Expense  of  school  elections. 

194.  City  of  third  class  changed  to  second 

class. 

195.  County    superintendent    may    detach 

territory. 

196.  Organization. 

197.  Body  corporate. 

198.  Conveyance  of  property. 

199.  Conveyance,  how  executed. 

200.  Powers  of  the  board. 

201.  Duty  of  the  president. 

202.  Duty  of  the  vice  president. 

203.  Bond  of  clerk. 

204.  Election  of  treasurer  of  the  board. 

205.  Duty  of  treasurer. 

206.  Annual  school  tax. 

207.  Limitation  of  levy;  indebtedness. 

208.  Limitation  of  levy  in  certain  cities. 

209.  Oath  of  office. 


§210.   Taxable  property. 

211.  Meetings  of  the  board. 

212.  Annual  report. 

213.  Expenditures  and  contracts.    . 

214.  Sectarian  doctrine. 

215.  Bonds;  election,  limitation. 

216.  Authority  to  issue  bonds  to  complete, 

equip  and  furnish  school  buildings. 

217.  Bond  election  necessary. 

218.  Act  supplemental. 

219.  Limit  of  bonds  in  certain  cities. 

220.  Bond  election. 

221.  Execution  of  bonds. 

222.  Annual  levy  for  interest  and  sinking 

fund. 

223.  Investment  of  sinking  fund. 

224.  Payment  of  interest. 

225.  Security. 

226.  Registry  of  bonds. 

227.  Levy  for  buildings. 

228.  Payment  by  warrants  or  bonds. 

229.  Expenditure     for     additional     school 

grounds. 

230.  Validity  rf  official  ac's. 


§  189.  Cities  of  the  Second  Class  Defined.  [9127]  All  cities 
now  organized  and  acting  as  cities  of  the  second  class,  by  virtue 
of  the  authority  of  former  acts,  and  all  cities  hereafter  at- 
taining a  population  over  2,000  and  not  exceeding  15,000  in- 
habitants, shall  be  governed  by  the  provisions  of  this  act; 
and  whenever  any  city  shall  have  hereafter  attained  a  popula- 
tion exceeding  2,000  inhabitants,  and  such  fact  shall  have  been 
duly  ascertained  and  certified  by  the  proper  authorities  of  such 
city  to  the  governor,  he  shall  declare,  by  public  proclamation, 
such  city  subject  to  the  provisions  of  this  act.  The  mayor  and 
council  of  such  city  shall,  at  the  time  of  making  the  certificate 
herein  provided  for,  make  out  and  transmit  to  the  governor 
an  accurate  description  by  metes  and  bounds  of  all  the  lands 
included  within  the  limits  of  such  city,  and  the  additions 
thereto,  if  any.  (Laws  1876,  ch.  122,  art.  11,  sec.  1.) 

§  190.  Free  Schools.  [9128]  In  each  city  governed  by  this 
act  there  shall  be  established  and  maintained  a  system  of  free 
common  schools,  which  shall  be  kept  open  not  less  than  three 
njor  more  than  ten  months  in  any  one  year,  and  shall  be  free 
to  all  children  residing  in  such  city  between  the  ages  of  five 
and  twenty-one  years.  But  the  board  of  education  may,  where 
schoolroom  accommodations  are  insufficient,  exclude  for  the 
time  being  children  between  the  ages  of  five  and  seven  years. 
(Laws  1876,  ch.  122,  art.  11,  sec.  2.) 

§  191.  Adjacent  Territory.  [9129]  Territory  outside  the 
city  limits,  but  adjacent  thereto,  may  be  attached  to  such  city 
for  school  purposes,  upon  application  to  the  board  of  edu- 
cation of  such  city  by  a  majority  of  the  electors  of  such  ad- 
jacent territory,  and  upon  the  application  being  made  to  the 
board  of  education  they  shall,  if  they  deem  it  proper,  and  to 
the  best  interests  of  the  schools  of  said  city  and  territory  seek- 
ing to  be  attached,  issue  an  order  attaching  such  territory  to 


CH.    6]  CITIES   OF  SECOND   CLASS.  73 

such  city  for  school  purposes,  and  enter  the  same  upon  their 
journal;22  and  such  territory  shall  from  the  date  of  such  order 
be  and  compose  a  part  of  such  city  for  school  purposes  only, 
and  the  taxable  property  of  such  adjacent  territory  shall  be 
subject  to  taxation,  and  shall  bear  its  full  proportion  of  all 
expenses  incurred  in  the  erection  of  school  buildings  and  in 
maintaining  the  schools  of  the  city.  Whenever  the  territory 
so  attached  shall  have  attained  a  population  equal  to  one-half 
that  of  any  ward  of  such  city,  or  whenever  the  taxable  prop- 
erty of  such  attached  territory  shall  be  equal  to  one-half  that 
of  any  one  ward  of  such  city,  such  attached  territory  shall  be 
entitled  to  elect  two  members  of  the  board  of  education,  which 
said  members  shall  be  elected  at  the  same  time  and  in  the 
same  manner  as  other  members  of  such  board.  The  mayor 
and  council  and  city  clerk  of  such  city  shall  provide  for  elec- 
tions in  said  detached  territory,  and  shall  canvass  the  returns 
thereof  in  the  same  way  as  is  required  by  law  in  respect  to  a 
ward  of  such  city :  Provided,  That  the  board  of  education  shall 
pay  all  the  expenses  of  such  election.  But  until  such  attached 
territory  shall  be  declared  to  have  attained  a  population  or 
taxable  property  equal  to  one-half  that  of  any  one  ward  of 
such  city,  such  territory  shall  be  attached  to  the  several  wards 
of  such  city  contiguous  thereto  as  shall  be  determined  by  the 
board  of  education  of  any  such  city,  and  when  so  attached 
shall  remain  parts  of  such  city  for  school  purposes  only.  Any 
persons  residing  upon  such  attached  territory,  -possessing  the 
qualifications  of  electors,  as  provided  in  section  5585  of  the 
General  Statutes  of  1889,  shall  be  qualified  to  vote  at  any  elec- 
tion held  in  any  such  city  for  school  purposes  only,  in  any  such 
ward  of  such  city  to  which  such  territory  shall  be  attached,  and 
official  ballots  shall  be  printed  for  such  attached  territory  to 
such  wards  as  in  other  cases.  (Laws  1903,  ch.  234,  sec.  1.) 

§192.  Vote  of  Residents  in  Territory  Attached.  [9130]  At 
all  elections,  or  primary  elections,  held  in  any  city  of  the 
second  class  for  the  election  or  nomination  of  members  of  the 
board  of  education  or  other  officers,  or  for  any  other  purpose, 
all  persons  entitled  to  vote,  residing  in  the  territory  attached 
to  such  city  for  school  purposes  and  outside  the  limits  of  the 
city,  shall  vote  at  a  place  within  the  city  to  be  designated  by 
the  mayor  of  such  city  at  the  same  time  and  in  the  same  man- 
ner as  places  of  election  in  the  several  wards  and  precincts 
are  designated,  and  said  place  of  election  shall  be  equipped  and 
furnished  as  provided  by  the  general  election  laws.  (Laws 
1915,  ch.  307,  sec.  1.) 

§193.  Expense  of  School  Elections.  [9131]  The  expense  of 
all  elections  held  for  school  purposes  in  cities  of  the  second 
class  shall  be  paid  by  the  board  of  education  of  such  city,  ex- 

22.  School  districts  may  be  attached  to  cities  of  the  second  class  in 
accordance  with  this  section.  (See  also  section  340  of  this  book.) 


74  CITIES   OF  SECOND  CLASS.  [CH.   6 

cept  that  when  an  election  is  held  for  both  city  and  school 
purposes  at  the  same  time  then  the  expense  shall  be  paid  in 
equal  parts  by  the  city  and  board  of  education.  (Laws  1915, 
ch.  307,  sec.  2.) 

§  194.  City  of  Third  Class  Changed  to  Second  Class.  [9165] 
That  whenever  any  city  of  the  third  class  shall  become  a  city 
of  the  second  class,  the  territory  of  the  school  district  wherein 
such  city  is  situated  shall  be  and  remain  attached  to  such  city 
for  school  purposes,  unless  detached  by  the  county  superin- 
tendent of  public  instruction,  as  provided  in  section  12  of 
chapter  152  of  the  Laws  <of  1881.  All  the  property  in  such 
territory  shall  be  subject  to  like  taxation  for  school  purposes 
as  the  property  in  said  city.  Whenever  the  population  or  tax- 
able property  of  such  territory  outside  of  the  limits  of  such 
city  shall  equal  the  population  or  taxable  property  of  any  ward 
of  such  city,  such  territory  shall  be  entitled  to  elect  two  mem- 
bers of  the  board  of  education  of  such  city,  which  said  mem- 
bers shall  be  elected  at  the  same  time  and  in  like  manner  as 
other  members  of  such  board.  (Laws  1887,  ch.  218,  sec.  1.) 

§  195.  County  Superintendents  May  Detach  Territory. 
[8937]  That  the  county  superintendents  of  public  instruction 
of  the  several  counties  of  the  state  of  Kansas  are  hereby  au- 
thorized and  empowered  to  detach  territory  from  the  school 
territory  of  cities  of  the  second  class,  if  said  territory  sought 
to  be  detached  is  outside  the  corporate  limits  of  said  city  of 
the  second  class,  notwithstanding  the  fact  that  said  territory 
forming  said  school  district  may  have  been  formed  into  a 
school  district  while  said  city  of  the  second  class  was  a  city  of 
the  third  class :  Provided,  The  interests  of  the  public  schools  of 
the  county  may  warrant  such  action :  Provided,  That  no  terri- 
tory shall  be  detached  unless  a  majority  of  the  citizens  living 
in  such  territory  shall  consent  in  writing  to  the  same.  (Laws 
of  1891,  ch.  88,  sec.  1.) 

§  196.  Organization.  [9071]  That  the  board  of  education 
in  cities  of  the  second  class,  at  the  regular  meeting  at  the  time 
provided  by  law  in  each  year,  shall  organize  by  the  election  of 
a  president  and  vice  president  from  its  members,  each  of  whom 
shall  serve  for  one  year,  and  until  his  successor  is  elected  and 
qualified;  and  the  board  shall  elect  a  clerk  for  a  term  of  one 
year,  who  may  or  may  not  be  a  member  of  said  board,  and 
shall  receive  for  his  services  such  compensation  as  the  board 
may  allow.  (Laws  1913,  ch.  269,  sec.  1.) 

§  197.  Body  Corporate.  [9132]  The  public  schools  of  each 
city  organized  in  pursuance  of  this  act  shall  be  a  body  cor- 
porate, and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of 

education  of  the  city  of ,  of  the  state  of  Kansas" ;  and  in 

that  name  may  sue  or  be  sued,  and  be  capable  of  contracting 


CH.    6]  CITIES   OF  SECOND   CLASS.  75 

* 

and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  into  possession  of,  by  will 
or  otherwise,  or  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  this  act.  (Laws  1876,  ch.  122,  art.  11,  sec.  4.) 

§  198.  Conveyance  of  Property.  [9133]  Any  city  of  the 
second  class  is  hereby  authorized  and  required,  upon  the  re- 
quest of  the  board  of  education  of  such  city,  to  convey  to 
said  board  of  education  all  property  within  the  limits  of  any 
such  city  heretofore  purchased  by  any  such  city  for  school 
purposes,  and  now  held  and  used  for  such  purposes,  the  title 
to  which  is  vested  in  any  such  city.  (Laws  1876,  ch.  122, 
art.  11,  sec.  5.) 

§199.  How  Executed.  [9134]  All  conveyances  for  the 
property  mentioned  in  the  preceding  section  [198]  shall  be 
signed  by  the  mayor  and  attested  by  the  clerk  of  said  city,  and 
shall  have  the  seal  of  the  city  affixed  thereto,  and  be  acknowl- 
edged by  the  mayor  of  such  city  in  the  same  manner  as  other 
conveyances  of  real  estate.  (Laws  1876,  ch.  122,  art.  11,  sec.  6.) 

§  200.  Powers  of  the  Board.  [9136]  The  board  of  educa- 
tion shall  have  power  to  elect  their  own  officers,  except  the 
treasurer;  to  make  their  own  rules  and  regulations,  subject 
to  the  provisions  of  this  article;  to -organize  and  maintain  a 
system  of  graded  schools ;  to  establish  a  high  school  whenever 
in  their  opinion  the  educational  interests  of  the  city  demand  ;23 
and  to  exercise  the  sole  control  over  the  schools  and  school 
property  of  the  city  ;24  and  maintain  such  high  school,  in  whole 
or  in  part,  by  demanding,  collecting  and  receiving  a  tuition 
fee  for  and  from  each  and  every  scholar  or  pupil  attending 
such  high  school.25  (Laws  1889,  ch.  224,  sec.  1.) 

NOTE — See  sections  128-131  for  the  election  and  organization  of  boards 
of  education  in  cities  of  the  second  class. 

§  201.  Duty  of  the  President.  [9137]  It  shall  be  the  duty 
of  the  president  to  preside  at  all  the  meetings  of  the  board  of 
education,  to  appoint  all  committees  whose  appointment  is  not 
otherwise  provided  for,  and  to  sign  all  warrants  ordered  by 
the  board  of  education  to  be  drawn  upon  the  treasurer  for 
school  moneys.  (Laws  1876,  ch.  122,  art.  11,  sec.  11.) 

§  202.  Duty  of  the  Vice  President.  [9138]  It  shall  be  the 
duty  of  the  vice  president  to  perform  all  the  duties  of  the  presi- 
dent in  case  of  his  absence  or  disability.  (Laws  1876,  ch.  122, 
art.  11,  sec.  12.)  

23.  For  provisions  for  manual  training  in   schools  in  cities  of  the 
second  class  see  section  535  of  this  book. 

24.  See  sections  137  and  338  of  this  book  for  power  to  condemn  school- 
house  sites. 

25.  It  is  unconstitutional  to  collect  tuition  from  pupils  of  the  school 
district  as  provided  in  section  200.      (See  Board  of  Education  v.  Dick, 
70  Kan.  434.) 


76  CITIES   OF  SECOND   CLASS.  [CH.   6 

§  203.  Bond  of  Clerk.  [9139]  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education 
shall  give  bond  in  the  sum  of  $1,000,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  board,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office.  (Laws  1876, 
ch.  122,  art.  11,  sec.  14.) 

§  204.  Election  of  Treasurer  of  the  Board.  [1684]  There 
shall  be  elected,  on  the  first  Tuesday  of  April  of  each  odd- 
numbered  year,  a  mayor,  police  judge,  city  treasurer,  and 
treasurer  of  the  board  of  education,  together  with  councilmen 
and  members  of  the  board  of  education,  as  hereinafter  pro- 
vided. The  mayor  shall  appoint,  by  and  with  the  consent  of 
the  council,  a  city  marshal,  city  clerk,  city  attorney,  city 
assessor,  and  may  appoint  an  assistant  marshal,  city  engineer, 
street  commissioner,  and  such  policemen  and  other  officers  as 
they  may  deem  necessary.  Officers  so  appointed  and  confirmed 
shall  hold  their  offices  for  a  term  of  one  year  and  until  their 
successors  are  appointed  and  qualified ;  the  council  shall  by  or- 
dinance specify  their  duties  and  compensation,  and  by  ordi- 
nance abolish  any  office  created  by  them  whenever  they  may 
deem  it  expedient.  The  mayor,  councilmen,  members  of  the 
board  of  education,  city  treasurer,  police  judge  and  treasurer 
of  the  board  of  education  shall  hold  their  offices  for  a  term  of 
two  years,  and  all  other  officers  for  a  term  of  one  year:  Pro- 
vided, At  the  first  annual  election  after  the  organization  of  any 
city  there  shall  be  two  councilmen  and  two  members  of  the 
board  of  education  elected  from  each  ward  one  of  whom  shall 
serve  for  one  year  and  one  for  two  years  and  one  councilman 
and  one  member  of  the  board  of  education  shall  be  elected  from 
each  ward  at  each  annual  election  thereafter:  Provided,  That 
no  member  of  the  board  of  education  shall  be  a  member  of  the 
council,  nor  shall  any  member  of  the  council  be  a  member  of 
the  board  of  education:  Provided  further,  That  any  person 
elected  to  the  office  of  justice  of  the  peace  may  also  be  elected 
to  and  hold  the  office  of  police  judge:  And  provided  further, 
That  in  cities  having  a  population  of  over  10,000  inhabitants 
the  board  of  education  shall  consist  of  six  members  only,  two 
of  whom  shall  be  elected  in  such  cities  on  the  first  Tuesday  of 
April  of  each  year.  There  shall  be  elected  in  such  cities,  on 
the  first  Tuesday  of  April,  1885,  six  members  of  the  board  of 
education,  two  of  whom  shall  serve  for  one  year,  two  for  two 
years,  and  two  for  three  years,  and  at  the  annual  election  every 
year  thereafter  two  members  of  the  board  of  education  shall 
be  elected  for  the  term  of  three  years.  (Laws  1907,  ch.  125, 
sec.  1.) 

NOTE. — The  provision  of  section  204  relating  to  the  election  of  mem- 
bers of  the  board  of  education  was  repealed  by  chapter  267,  Laws  of  1911. 
(Sections  128  to  130  of  this  book.) 

§205.  Duties  of  Treasurer.  [9140]  The  treasurer  shall  pre- 
pare and  submit  in  writing  a  monthly  report  of  the  state  of 


CH.    6]  CITIES   OF   SECOND   CLASS.  77 

the  finances  of  the  district;  and  shall,  when  required,  pro- 
duce at  any  meeting  of  the  board,  or  any  committee  appointed 
for  the  purpose  of  examining  his  accounts,  all  books  and  papers 
pertaining  to  his  office ;  he  shall  pay  moneys  only  upon  a  war- 
rant signed  by  the  president,  or  in  his  absence  by  the  vice 
president,  and  countersigned  by  the  clerk;  and  shall  execute  a 
bond  in  such  sum  as  the  board  may  require,  with  sufficient 
sureties,  to  be  approved  by  the  board,  conditioned  for  the 
faithful  discharge  of  his  duties  of  treasurer  to  such  board. 
(Laws  1876,  ch.  122,  art.  11,  sec.  15.) 

§  206.  Annual  School  Tax.  [9141]  That  the  board  of  edu- 
cation in  cities  of  the  second  class  shall,  on  or  before  the  15th 
day  of  July  of  each  year,  levy  a  tax  for  the  support  of  the 
schools  of  the  city  for  the  fiscal  year  next  ensuing,  not  exceeding 
in  any  one  year  twenty  mills26  on  the  dollar  on  all  personal, 
mixed  and  real  property  within  the  district  which  is  taxable 
according  to  the  laws  of  the  state  of  Kansas,  which  levy  the 
clerk  of  the  board  shall  on  or  before  August  1  certify  to  the 
county  clerk,  who  is  hereby  authorized  and  required  to  place 
the  same  on  the  tax-roll  of  said  county,  to  be  collected  by  the 
treasurer  of  the  county  as  are  other  taxes,  and  paid  over  by 
him  to  the  treasurer  qf  the  board  of  education,  of  whom  he 
shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in 
his  office  and  the  other  he  shall  forthwith  transmit  to  the  clerk 
of  the  board  of  education.  (Laws  1905,  ch.  399,  sec.  1.) 

§  207.  Limitation  of  Levy;  Indebtedness.  That  section  1  of 
chapter  326  of  the  Laws  of  1917  be  and  the  same  is  hereby 
amended  to  read  as  follows:  Section  1.  That  the  authority  of 
boards  of  education  in  cities  of  the  second  class  to  levy  taxes 
as  provided  in  section  399,  Laws  of  1905,  is  hereby  limited  so 
that  the  board  of  education  of  any  such  city  shall  not  fix  a 
rate  of  levy  for  the  respective  purposes  in  excess  of  the  follow- 
ing-named rates :  For  the  support  of  the  schools  of  the  city  the 
rate  of  levy  shall  not  exceed  12  mills ;  for  the  purchase  of  sites 
and  for  the  construction  and  repairing  of  school  buildings  the 
rate  of  levy  shall  not  exceed  2  mills :  Provided,  That  in  cities 
of  the  second  class  in  which  the  schools  have  a  floating  in- 
debtedness of  $10,000,  or  more,  the  board  of  education  may 
in  addition  to  said  levy  for  the  support  of  said  schools  and  for 
building  purposes  and  repairs  of  school  buildings,  levy  not  in 
excess  of  6  mills  for  the  payment  of  said  indebtedness  until 
said  indebtedness  is  paid.  (Laws  1920,  ch.  52,  sec.  8.) 

§  208.  Limitation  of  Levy  in  Certain  Cities.  [11380]  The 
authority  of  boards  of  education  in  cities  of  the  second  class 
having  an  assessed  valuation  of  less  than  one  million  dollars  to 
levy  taxes  as  provided  in  section  7608  of  the  General  Statutes 
of  1909  is  hereby  limited  so  that  the  board  of  education  of  any 

26.    See  sections  207  and  208. 


78  CITIES   OF  SECOND   CLASS.  [CH.    6 

such  city  shall  not  fix  a  rate  of  levy  for  the  support  of  the 
schools  of  the  city  in  excess  of  nine  mills.  (Laws  1911,  ch.  265, 
sec.  1.) 

§  209.  Taxable  Property.  [9142]  The  taxable  property  of 
the  whole  city,  including  the  territory  attached  for  school  pur- 
poses, shall  be  subject  to  taxation.  All  taxes  collected  for  the 
benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of 
the  board  of  education.  (Laws  1876,  ch.  122,  art.  11,  sec.  19.) 

§  210.  Oath  of  Office.  [9155]  Each  member  of  the  board 
of  education  and  officer  provided  for  in  this  article  shall  take 
and  subscribe  an  oath  or  affirmation  to  support  the  constitu- 
tion of  the  United  States,  the  constitution  of  the  state  of 
Kansas,  and  faithfully  perform  the  duties  of  his  office.  The 
oath  and  bond  of  the  clerk  shall  be  filed  with  the  treasurer.  All 
other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (Laws 
1876,  ch.  122,  art.  11,  sec.  32.) 

§  211.  Meetings  of  Board.  [9143]  The  regular  meetings  of 
the  board  of  education  shall  be  upon  the  first  Monday  of  each 
month,  but  special  meetings  may  be  held  from  time  to  time, 
as  circumstances  may  demand.  (Laws  1876,  ch.  122,  art. 
11,  sec.  20.) 

§  212.  Annual  Report.  [9144]  The  board  of  education,  at 
the  close  of  each  school  year  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  prosper- 
ity, and  condition,  financial  as  well  as  educational,  of  all  the 
schools  under  their  charge ;  and  said  report,  or  such  portion  of 
it  as  the  board  of  education  shall  consider  of  advantage  to  the 
public,  shall  be  printed  either  in  a  public  newspaper  or  in 
pamphlet  form.  (Laws  1876,  ch.  122,  art.  11,  sec.  21.) 

§  213.  Expenditures  and  Contracts.  [9145]  No  expendi- 
tures involving  an  amount  greater  than  $200  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract, 
and  no  contract  involving  an  expenditure  of  more  than  $500 
for  the  purpose  of  erecting  any  public  buildings  or  making 
any  improvements  shall  be  made  except  upon  sealed  proposals, 
and  to  the  lowest  responsible  bidder.  (Laws  1876,  ch.  122,  art. 
11,  sec.  22.) 

§  214.  Sectarian  Doctrine.  [9146]  No  sectarian  doctrine 
shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  the 
city;  but  the  Holy  Scriptures,  without  note  or  comment,  may 
be  used  therein.  (Laws  1876,  ch.  122,  art.  11,  sec.  23.) 

§  215.  "Bonds,  Election,  Limitation.  That  section  1  of  chap- 
ter 264  of  the  Laws  of  1919,  is  amended  to  read  as  follows: 
Section  1.  That  whenever  it  shall  become  necessary  for  the 
board  of  education  of  any  city  of  the  second  class  to  provide 
funds  for  the  purchase  of  a  school  site  or  sites,  or  to  erect 
a  suitable  building  or  buildings  thereon,  or  to  equip  and 


CH.    6]  CITIES   OF   SECOND   CLASS.  79 

furnish  the  same,  or  to  fund  any  bonded  indebtedness  or 
any  floating  indebtedness  which  may  at  the  present  exist  in 
the  public  schools  of  said  cities  of  the  second  class,  to  borrow 
money,  for  such  purposes;  and  for  such  purpose  or  pur- 
poses the  said  board  of  education  is  hereby  authorized  and 
empowered  to  issue  bonds  bearing  a  rate  of  interest  not  ex- 
ceeding five  per  cent  per  annum,  payable  annually  or  semi- 
annually  at  such  time  and  place  as  may  be  mentioned  on  the 
face  of  the  bonds,  which  shall  be  payable  in  not  more  than 
twenty  years  from  their  date,  and  the  board  of  education  is 
hereby  authorized  and  empowered  to  sell  such  bonds  at  not  less 
than  their  par  value:  Provided,  That  no  such  bonds  except 
refunding  bonds  shall  be  issued  until  the  question  of  issuing 
the  same  shall  be  submitted  to  a  vote  of  the  people,  and  a 
majority  of  the  qualified  electors  who  shall  vote  on  the  ques- 
tion at  any  election  called  for  that  purpose  shall  have  declared 
by  their  votes  in  favor  of  issuing  bonds:  Provided  further, 
That  the  total  indebtedness  of  the  said  board  of  education 
shall  not  thereby  be  increased  to  an  amount  exceeding  three 
and  three-fourths  (3%)  per  cent  of  the  authorized  valua- 
tion of  the  territory  within  the  jurisdiction  of  said  board  of 
education:  Provided  further,  That  the  boards  of  education 
of  cities  of  the  second  class  may  issue  bonds  at  any  time 
without  such  election  to  pay  outstanding  warrants  or  float- 
ing indebtedness  which  may  exist  at  the  passage  of  this  act; 
and  such  boards  of  education  may  issue  at  any  time  a  bond 
for  a  sum  not  greater  than  ten  hundred  dollars  to  raise, 
money  to  pay  for  needful  repairs  on  school  buildings  or  heat- 
ing plants  for  the  public  school  buildings,  if  the  state  school 
superintendent  shall  approve  in  writing  such  issue  of  bonds 
for  floating  indebtedness  and  for  the  purposes  in  the  above 
proviso :  Provided,  It  shall  not  exceed  at  any  time  an  aggre- 
gate amount  of  the  sum  of  five  thousand  dollars:  Provided 
further,  That  the  right  granted  herein  to  boards  of  educa- 
tion to  issue  bonds  without  such  election  shall  not  be  con- 
strued to  authorize  an  issue  of  bonds  which,  with  those  of 
the  same  kind  already  outstanding,  shall  exceed  one-half  of 
one  per  cent  of  the  assessment  for  taxation,  as  shown  by  the 
last  finding  and  determination  of  the  proper  board  of  educa- 
tion :  Provided  further,  That  where  bonds  have  been  voted  at 
the  time  of  the  passage  hereof,  the  funds  derived  from  the 
sale  of  such  bonds  shall  be  available  for  any  and  all  of  the 
purposes  herein  above  set  forth.  (Laws  1920,  ch.  55,  sec.  2.) 

§  216.  Authority  to  Issue  Bonds  to  Complete,  Equip  and 
Furnish  School  Building.  That  in  any  city  of  the  second  class 
in  the  state  of  Kansas,  and  located  in  a  county  having  a  popula- 
tion of  more  than  30,000,  where  the  people  have,  prior  to  Janu- 
ary 1,  1919,  and  pursuant  to  the  provisions  of  chapter  272  of 
the  Session  Laws  of  Kansas  for  1917  and  sections  10889,  10890 


80  CITIES   OF   SECOND   CLASS.  [CH.    6 

and  10892  of  the  General  Statutes  of  Kansas  for  1915  voted  in 
favor  of  the  construction  of  a  school  building,  or  for  the  build- 
ing, furnishing  and  equipping  of  a  school  building,  and  the  is- 
suance of  bonds  to  provide  funds  therefor,  and  where  the  board 
of  education  of  such  city  has  begun  the  actual  construction  of 
said  building,  or  purchased  the  site  for  said  school  building,  or 
any  material  to  be  used  in  constructing  or  equipping  said  school 
building,  and  it  is  found  by  said  board  of  education  that  the 
funds  now  authorized  or  voted  for  the  same  are  insufficient 
or  inadequate  to  complete  said  building  or  to  properly  equip 
and  furnish  the  same,  the  said  board  of  education  is  hereby 
authorized  and  empowered  to  issue  and  sell  additional  bonds  in 
such  sum  as  may  be  necessary  for  such  purpose,  provided  the 
amount  of  such  bonds,  in  addition  to  those  already  authorized 
or  issued  shall  in  no  case  exceed  the  sum  of  fifty  thousand  dol- 
lars: And  provided  further,  That  the  provisions  of  this  act 
shall  expire  after  two  years  from  the  passage  thereof.  (Laws 
1919,  ch.  139,  sec.  1.) 

§217.  Bond  Election  Not  Necessary.  That  before  any  bonds 
shall  be  issued  by  any  board  of  education  of  any  city  of  the 
second  class  as  provided  by  section  one  of  this  act  it  shall  not 
be  necessary  to  hold  or  call  an  additional  election  for  that  pur- 
pose, but  said  board  of  education  shall  first  give  notice  by  pub- 
lication in  a  newspaper  published  in  such  city  for  a  period  of 
four  consecutive  weeks  prior  to  the  issuance  of  said  bonds, 
which  notice  shall  state  the  object  and  purpose  of  said  bonds 
*and  the  date  on  which  they  shall  be  issued,  and  said  bonds 
shall  bear  the  same  rate  of  interest,  run  the  same  period  of 
time,  be  executed  in  the  same  manner  and  be  subject  to  all 
other  laws  applying  to  the  bonds  already  authorized  for  said 
purpose.  (Laws  1919,  ch.  139,  sec.  2.) 

§  218.  Act  Supplemental.  This  act  is  supplemental  to  chap- 
ter 272  of  the  Session  Laws  of  Kansas  for  1917  and  sections 
10889,  10890  and  10892  of  the  General  Statutes  of  Kansas  for 
1915.  (Laws  1919,  ch.  139,  sec.  3.) 

§  219.  Limit  of  Bonds  in  Certain  Cities.  [8860]  That  any 
school  district  within  whose  limits  is  located  a  city  of  the  sec- 
ond class  with  a  population  of  not  less  than  2,000  nor  more  than 
2,500  and  that  has  an  assessed  valuation  of  not  less  than  $2,- 
000,000  nor  more  than  $2,500,000,  and  that  has  a  school  popu- 
lation of  not  less  than  725  nor  more  than  800,  and  has  in  its 
treasury  a  sum  of  not  less  than  $3,000,  and  the  board  of  edu- 
cation for  said  district  shall  by  vote  request  the  mayor  of 
said  city  to  submit  to  the  qualified  electors  of  said  district  the 
question  of  voting  bonds  for  2V2  per  cent  of  the  total  valuation 
for  the  erection  of  school  buildings,  said  proposition  shall  be 
submitted  to  the  electors  of  said  district  in  the  manner  pro- 
vided by  law,  and  if  a  majority  of  the  electors  of  said  district 


CH.    6]  CITIES   OF   SECOND   CLASS.  81 

voting  on  said  proposition  shall  vote  for  said  bond  issue,  the 
board  of  education  of  said  district  shall  issue  bonds  of  the  dis- 
trict in  the  manner  provided  by  law,  in  an  amount  not  in  excess 
of  2:/2  per  cent  of  the  total  taxable  valuation  of  said  district 
for  the  purpose  of  building  and  equipping  school  buildings 
within  said  district.  (Laws  1915,  ch.  306,  sec.  1.) 

§  220.  Bond  Election.  [9148]  It  shall  be  the  duty  of  the 
mayor  of  each  city  governed  by  this  act,  upon  the  request 
of  the  board  of  education,  forthwith  to  call  an  election,  to  be 
conducted  in  all  respects  as  are  the  elections  for  city  officers  in 
the  same  cities,  except  that  the  returns  shall  be  made  to  the 
board  of  education,  for  the  purpose  of  taking  the  sense  of  such 
district  upon  the  question  of  issuing  such  bonds,  naming  in 
the  proclamation  of  such  election  the  amount  of  bonds  asked 
for,  and  the  purpose  for  which  they  are  to  be  issued.  (Laws 
1876,  ch.  122,  art.  11,  sec.  25.) 

§221.  Execution  of  Bonds.  [9149]  The  bonds,  the  issuance 
of  which  is  provided  for  in  the  foregoing  section,  shall  be 
signed  by  the  president,  attested  by  the  clerk  and  counter- 
signed by  the  treasurer  of  the  board  of  education;  and  said 
bonds  shall  specify  the  rate  of  interest  and  the  time  when 
principal  and  interest  shall  be  paid,  and  each  bond  so  issued 
shall  be  for  a  sum  not  less  than  fifty  dollars.  (Laws  1876, 
ch.  122,  art.  11,  sec.  26.) 

§  222.  Annual  Levy  for  Interest  and  Sinking  Fund.  [9150] 
The  board  of  education,  at  the  time  of  its  annual  levy  of  taxes 
for  the  support  of  schools  as  hereinbefore  provided,  shall  also 
levy  a  sufficient  amount  to  pay  the  interest  as  the  same  ac- 
crues on  all  bonds  issued  under  the  provisions  of  this  article, 
and  also  to  create  a  sinking  fund  for  the  redemption  of  said 
bonds,  which  it  shall  levy  and  collect,  in  addition  to  the  rate 
per  cent  authorized  by  the  provisions  aforesaid  for  school  pur- 
poses ;  and  said  amount  of  funds,  when  paid  into  the  treasury, 
shall  be  and  remain  a  specific  fund  for  said  purpose  only,  and 
shall  not  be  appropriated  in  any  other  way  except  as  here- 
inafter provided.  (Laws  1876,  ch.  122,  art.  11,  sec.  27.) 

§223.  Investment  of  Sinking  Fund.  [9151]  All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for  the  final 
redemption  of  all  bonds  issued  under  this  article  shall  be  in- 
vested annually  by  the  board  of  education  in  the  bonds  of  the 
state  of  Kansas,  or  of  the  United  States,  or  the  board  may  buy 
and  cancel  the  bonds  of  the  district  whenever  such  may  be  pur- 
chased at  or  below  par.  (Laws  1876,  ch.  122,  art.  11,  sec.  28.) 

§  224.  Payment  of  Interest.  [9152]  Whenever  the  interest 
coupons  of  the  bond  hereinbefore  authorized  shall  become  due, 
they  shall  be  promptly  paid,  on  presentation,  by  the  treasurer, 
out  of  money  in  his  hands  collected  for  that  purpose ;  and  he 
shall  indorse  upon  the  face  of  such  coupons  in  red  ink  the 


82  CITIES    OF   SECOND   CLASS.  [CH.    6 

word  "Paid,"  and  the  date  of  payment,  and  sign  the  initials 
of  his  name.  (Laws  1876,  ch.  122,  art.  11,  sec.  29.) 

§  225.  Security.  [9153]  The'  school  fund  and  property  of 
such  city  and  territory  attached  for  school  purposes  are  hereby 
pledged  to  the  payment  of  the  interest  and  principal  of  the 
bonds  mentioned  in  this  article,  as  the  same  may  become  due. 
(Laws  1876,  ch.  122,  art.  11,  sec.  30.) 

§226.  Bonds  Registered.  [9154]  It  shall  be  the  duty  of  the 
clerk  of  the  board  of  education  to  register  in  a  book  provided 
for  that  purpose  the  bonds  issued  under  this  article,  and  all 
warrants  issued  by  the  board,  which  said  register  shall  show 
the  number,  date  and  amount  of  said  bonds,  and  to  whom  made 
payable.  (Laws  1876,  ch.  122,  art.  11,  sec.  31.) 

§  227.  Levy  for  Buildings.  [9166]  The  board  of  education 
of  all  cities  of  the  second  class,  having  a  population  of  over 
thirty-five  hundred  and  less  than  fifteen  thousand  popula- 
tion, are  hereby  authorized  to  locate  and  build  schoolhouses  or 
additions  thereto  within  the  district.  Before  any  contract  is 
let,  the  board  of  education  shall  record  upon  the  journal  of  its 
proceedings  a  finding  that  the  erection  of  such  schoolhouse, 
schoolhouses,  or  such  addition  or  additions  thereto,  is  a  public 
necessity  for  the  accommodation  of  its  schools  and  shall  cer- 
tify to  the  county  clerk  of  the  county  an  annual  levy  for  a 
period  of  not  more  than  four  years,  said  levy  not  to  exceed 
two  mills  upon  the  dollar  of  all  taxable  property  in  the  school 
district,  including  attached  territory,  if  any,  which  taxes  may 
be  levied  in  addition  to  all  taxes  now  levied  under  the  law,  and 
shall  be  levied,  entered  upon  the  tax  roll,  and  collected  in  the 
same  manner  as  other  taxes :  Provided,  That  the  question  shall 
have  been  submitted  to  the  qualified  electors  of  the  district, 
and  a  majority  of  all  the  qualified  electors  voting  upon  the 
proposition  shall  have  declared  by  their  ballots  in  favor 
thereof.  (Laws  1913,  ch.  120,  sec.  1.) 

§  228.  Payment  by  Warrants  or  Bonds.  [9167]  The  board 
of  education  may  divide  the  cost  of  said  structure,  structures, 
or  additions,  into  equal  installments  and,  in  its  discretion,  pro- 
vide for  the  payment  of  any  one  of  them,  either  by  an  annual 
levy  of  not  to  exceed  two  mills  on  the  dollar,  or  by  time  war- 
rants or  bonds  of  the  school  district,  signed  by  the  president 
and  clerk,  and  countersigned  by  the  treasurer  of  the  district, 
in  denominations  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  each  bearing  interest  not  to 
exceed  five  per  cent.  Said  time  warrants  or  bonds  shall  not 
be  sold  below  par,  and  shall  mature  not  later  than  the  close  of 
the  period  of  four  years  or  less  in  which  the  required  amount 
might  have  been  raised  by  the  annual  levy  as  hereinbefore 
provided,  and  a  sufficient  levy,  not  to  exceed  two  mills,  shall  be 
certified  and  made  in  each  year  to  pay  said  warrants  or  bonds 


CH.    6]  CITIES   OF   SECOND   CLASS.  83 

and  all  accruing  interest  thereon.  No  one  school  building  or 
addition  to  school  building  built  under  this  act  shall  cost  more 
than  seventy  thousand  dollars.  (Laws  1913,  ch.  120,  sec.  2.) 

§  229.  Expenditure  for  Additional  School  Grounds.  [9168] 
The  board  of  education  may  expend  a  sum  not  to  exceed  two 
thousand  dollars  to  buy  additional  school  grounds.  (Laws 
1913,  ch.  120,  sec.  3.) 

§230.  Validity  of  Official  Acts.  [9164]  That  in  cases 
wherein,  in  cities  of  the  second  class  of  over  10,000  inhab- 
itants, the  boards  of  education  have  heretofore  consisted  of  but 
six  members,  the  official  acts  and  proceedings  of  such  boards 
heretofore  had  and  taken,  and  contracts  made  and  entered  into 
and  obligations  incurred  by  such  boards  of  education  in  pur- 
suance of  the  laws  of  Kansas  governing  boards  of  education  in 
such  cities,  be  and  the  same  are  hereby  ratified  and  confirmed, 
and  declared  to  be  of  the  same  validity,  force  and 'effect  as 
though  said  boards  of  education  had  consisted  of  two  members 
from  each  of  the  wards  of  such  cities.  (Laws  1907,  ch.  243, 
sec.  1.) 

NOTE  — For  the  election  of  members  of  the  board  of  education  in  cities 
of  the  first  and  second  class  see  section  128  of  this  book. 

ARTICLE  V.— Cities  Changed  from  Second  to  Third  Class. 

?231.   Call  of  election  for  change.  I     §233.   Taxes  for  indebtedness  unchanged. 

232.   Officers  hold  over.  234.   Old  ordinance  in  force. 

§  231.  Call  of  Election  for  Change.  That  whenever  any  city 
of  the  second  class  organized  under  the  laws  of  the  state  of 
Kansas  has  been  reduced  in  population  to  one  thousand  or  less, 
as  shown  by  the  last  returns  of  the  assessor  taking  the  enu- 
meration of  said  city,  the  mayor  of  such  city  of  the  second  class 
or  the  president  of  the  council,  if  there  is  no  acting  mayor, 
may  by  proclamation  call  an  election  within  such  city  for  the 
purpose  of  determining  whether  said  city  shall  be  set  back 
into  a  city  of  the  third  class.  Such  proclamation  to  be  pub- 
lished in  some  newspaper  of  general  circulation  within  said 
city  for  two  weeks  preceding  such  election  and  shall  also  be 
posted  in  four  conspicuous  places  within  said  city.  The  ques- 
tion to  be  submitted  to  the  electors  of  said  city  by  such  procla- 
mation shall  be :  Shall  the  city  of be  changed  from  a 

city  of  the  second  class  and  set  back  to  a  city  of  the  third 
class?  Yes  g  No  D 

A  cross  in  the  square  opposite  either  the  word  "yes"  or  "no" 
shall  be  made  by  the  voter  to  indicate  the  way  he  votes,  and 
such  election  shall  in  all  other  respects  be  held  in  the  same 
manner  as  any  other  general  election.  A  majority  of  the  votes 
cast  at  such  election  shall  decide  the  proposition  and  if  a  ma- 
jority of  the  votes  cast  are  for  the  affirmative,  then  the  mayor 
or  acting  mayor  of  such  city  shall  certify  the  result  of  such 
election  to  the  county  clerk  of  the  county  in  which  such  city  is 


84  CITIES   OF   THIRD   CLASS.  [CH.    6 

situated,  who  shall  file  such  certificate  in  the  files  of  his  office 
and  register  the  same  in  the  same  book  where  records  of  other 
elections  in  such  county  are  kept,  and  from  and  after  the  filing 
of  such  certificate  with  such  county  clerk,  such  city  shall  be  a 
city  of  the  third  class.  (Laws  1919,  ch.  144,  sec.  1.) 

§  232.  Officers  Hold  Over.  The  officers  of  such  city  holding 
office  at  the  time  of  such  election  shall,  including  the  mayor 
and  councilmen,  as  well  as  all  other  city  officers,  hold  their  office 
until  the  next  regular  election  for  city  of  the  third  class  and 
until  their  successors  are  elected  and  qualified.  (Laws  1919, 
ch.  144,  sec.  2.) 

§  233.  Taxes  for  Indebtedness  Unchanged.  Wherever  there 
shall  exist  any  indebtedness  at  the  time  of  the  change  of  said 
city  from  the  second  class  to  the  third  class,  this  act  shall  in 
no  manner  change  the  amount  of  taxes  that  may  be  levied  un- 
der the  laws  pertaining  to  cities  of  the  second  class  until  such 
indebtedness  shall  have  been  paid,  but  in  all  other  respects  such 
city  shall  be  governed  by  the  laws  pertaining  to  cities  of  the 
third  class.  (Laws  1919,  ch.  144,  sec.  3.) 

§  234.  Old  Ordinances  in  Force.  All  of  the  ordinances  in 
force  in  such  city  as  a  city  of  the  second  class  shall  remain 
and  be  in  force  and  be  the  ordinances  of  such  city  after  it  shall 
have  become  a  city  of  the  third  class.  (Laws  1919,  ch.  144, 
sec.  4.) 

ARTICLE  VI.— Cities  of  the  Third  Class. 

§235.   Cities  of  the  third  class  defined;  gov-    !    §236.   No  portion  of  city  shall  be  detached 
ernment  of  public  schools.  from  school  districts. 

§  235.  Defined.  [9175]  Public  schools  in  incorporated  cities 
which  have  not  less  than  250  and  not  over  2,000  inhabitants, 
if  not  otherwise  provided  for  by  law,  shall  be  governed  by 
the  provisions  of  this  act  which  apply  to  the  organization  and 
maintenance  of  district  schools27  or  of  union  or  graded27 
schools.  (Laws  1876,  ch.  122,  art  12,  sec.  1.) 

§236.  No  Portion  of  City  Shall  be  Detached.  [9176]  That 
no  portion  of  the  corporation  of  a  city  of  the  third  class  shall 
be  detached  from  the  school  district  in  which  the  city  is  located, 
and  the  whole  of  such  corporation  shall  be  and  remain  in  one 
school  district  for  the  purpose  of  schools  and  taxation.28 
(Laws  1876,  ch.  122,  art.  12,  sec.  2.) 

27.  See  chapter  XI. 

28.  See  section  9165,  General  Statutes  of  1915,  section  194  of  this 
book,  for  the  attachment  of  territory  where  a  city  of  the  third  class  has 
become  a  city  of  the  second  class. 


CH.  7] 


COMPULSORY   EDUCATION. 


85 


CHAPTER  VII.— Compulsory  Education. 


§242.  Annual  school  census. 

243.  Deaf,   mute   and  blind  must  be  edu- 

cated. 

244.  Penalty. 

245.  Education  of  children  in  asvlums. 


§237.  Who  must  attend  school;   liability  of 
parents  and  guardians. 

238.  Truant    officers;    appointment;    duty. 

239.  Incorrigible  pupils. 

240.  Compensation  of  truant  officers. 

241.  Teachers  and  school  officers  to  report. 

§  237.  Who  Must  Attend  School;  Liability  of  Parents  and 
Guardians.  That  section  9415  of  the  General  Statutes  of  Kan- 
sas for  1915  be  amended  to  read  as  follows :  Sec.  9415.  That 
every  parent,  guardian  or  other  person  in  the  state  of  Kansas 
having  control  or  charge  of  any  child  or  children  having 
reached  the  age  of  eight  years  and  under  sixteen  years,29  shall 
be  required  to  send  such  child  or  children  to  a  public  school, 
or  a  private,  denominational  or  parochial  school,30  in  which  all 
instruction  shall  be  given  in  the  English  language  only,31  each 
school  year,  for  such  period  as  said  school  is  in  session: 
Provided,  That  any  child  of  the  age  of  fourteen  years  or  more 
who  is  able  to  read  and  write  the  English  language,  and  who 
is  actively  and  regularly  employed32  for  his  own  support  or  for 
the  support  of  those  dependent  upon  him,  shall  not  be  required 
to  attend  the  aforesaid  schools  for  a  longer  period  or  term 
than  eight  consecutive  weeks  in  any  one  year :  Provided,  That 
any  and  all  children  that  have  received  a  certificate  of  gradua- 
tion from  the  common  schools  of  any  county  or  certificate  of 
admission  to  a  high  school  in  any  city  of  the  state  of  Kansas 
shall  be  exempt  from  the  provisions  of  this  act :  Provided,  That 
the  children  who  are  physically  or  mentally  incapacitated  for 
the  work  of  common  schools  are  exempt  from  the  provisions 
of  this  act;  but  the  school  authorities  shall  have  the  right,33 
and  they  are  hereby  authorized,  when  such  exemption  under 
the  provision  of  this  act  is  claimed  by  any  parent,  guardian,  or 
other  person  in  the  control  or  charge  of  such  child  or  children, 
to  cause  an  examination  of  such  child  or  children  by  a  physi- 
cian or  physicians  employed  for  such  purpose  by  such  authori- 
tes,34  and  if  such  physician  or  physicians  hold  that  such  child 

29.  The  ages  are  from  the  time  the  child  becomes  eight  yaars  old  until 
it  becomes  sixteen  years  old. 

30.  The  parent  or  guardian  may  determine  the  particular  kind  of  a 
school  which  the  child  shall  attend.    Attendance  at  a  night  school  does  not 
afford  sufficient  time  to  become  a  substitute  for  attendance  upon  a  day 
school.    This  state  requires  that  instructors  in  such  schools  be  competent; 
a  teacher  may  be  competent  without  being  the  holder  of  a  teacher's  cer- 
tificate.   For  exclusion  on  account  of  a  contagious  disease,  see  section  353. 

31.  See  sections  583,  584,  585. 

32.  He  must  be  able  to  read  and  write  the  English  language,  and  also 
be  actively  and  regularly  employed  as  stated  in  the  law. 

33.  It  is  entirely  within  the  province  of  school  authorities  to  determine 
the  validity  of  the  claim  for  exemption. 

34.  The  school  boards  should  pay  the  expense  of  the  examination  by 
the  physician. 


86  COMPULSORY  EDUCATION.  [CH.    7 

or  children  are  capable  of  doing  the  work  in  the  common 
schools,  than  [then]  such  child  or  children  shall  not  be  exempt 
from  the  provisions  of  this  act.  (Laws  1919,  ch.  272,  sec.  1.) 
§238.  Truant  Officers;  Appointment;  Duty.  [9416]  The 
county  superintendents  of  public  instruction  shall  divide  their 
respective  counties,  exclusive  of  all  cities  of  the  first  and  sec- 
ond class  therein,  into  not  less  than  one  nor  more  than  five 
truant  districts,  and  the  board  of  county  commissioners  shall, 
upon  the  nomination  of  the  county  superintendents  of  public 
instruction  of  their  respective  counties,  appoint  a  truant  offi- 
cer for  each  district  thus  created,  who  shall  hold  his  office  at 
the  will  of  the  county  superintendent  of  public  instruction; 
and  the  boards  of  education  of  all  cities  of  the  first  and  second 
class,  respectively,  shall,  independently  and  originally,  appoint 
the  truant  officers  or  officer  of  their  respective  cities,  to  serve 
at  the  pleasure  of  the  appointing  board.  Each  truant  officer, 
in  his  respective  district,  shall  see  that  the  provisions  of  this 
act  are  complied  with,35  and  when  from  personal  knowledge, 
or  by  report,  or  complaint  of  any  resident  or  teacher  of  the 
district  under  his  supervision,  or  from  any  information,  he 
believes  that  any  child  subject  to  the  provisions  of  this  act 
is  habitually  absent  from  any  school  which  it  should  or  has 
been  accustomed  to  attend,  or  has  been  assigned  to  attend  by 
order  of  the  directors  of  any  country  district,  or  by  the  classi- 
fication, transfer,  or  order  of  the  board  of  education  or  super- 
intendent of  schools  of  any  city  of  the  first  or  second  class, 
for  a  period  of,  three  or  more  consecutive  days,  unless  excused 
under  the  provisions  of  section  1  of  this  act,  he  shall  imme- 
diately give  written  notice36  to  the  parent,  guardian  or  other 
person  having  control  or  charge  of  such  child,  or,  in  the  ab- 
sence of  such  parent,  guardian  or  other  person  having  control 
or  charge  from  his  or  her  usual  place  of  residence,  shall  leave 
a  copy  of  such  notice  with  some  person  over  twelve  years  of 
age  residing  at  the  said  usual  place  of  residence,  with  instruc- 
tions to  hand  said  notice  to  said  parent,  guardian  or  other 
person  having  control  or  charge  of  such  child,  which  notice 
shall  require  the  attendance  of  said  child  at  said  school  within 
five  days  from  date  of  same ;  and  if  within  five  days  from  the 
date  of  said  notice  such  parent,  guardian  or  other  person  hav- 
ing control  or  charge  of  such  child  does  not  comply  with  the 
provisions  of  this  act,  then  such  truant  officer  shall  make  com- 
plaint in  the  name  of  the  state  of  Kansas  against  such  parent, 
guardian  or  other  person  having  control  or  charge  of  such 
clrld  in  the  juvenile  court  or  other  court  of  competent  juris- 

35.  The  truant  officer  appointed  by  the  county  commissioners  is  under 
the  direction  and  supervision  of  the  county  superintendent. 

36.  Formal  written  notice  is  required,  and  the  notice  is  final  for  the 
term.    Notice  by  registered  letter  where  delivery  is  prompt,  or  by  special 
delivery  where  it  can  be  used,  is  a  legal  notice  if  delivery  can  be  proved. 


CH.    7]  COMPULSORY   EDUCATION.  87 

diction  of  such  county,  which  court  is  hereby  clothed  with 
jurisdiction  over  all  offenders  and  proceedings  under  this  act, 
with  full  power  to  try  and  hear  all  complaints,  impose  fines, 
enforce  their  collection  by  distress  or  imprisonment,  and  to 
fully  execute  the  provisions  of  this  act.  It  shall  be  unlawful 
for  *any  merchant,  company,  or  other  party,  without  the  writ- 
ten permit  of  the  board  of  directors  of  any  country  district,  or 
of  the  board  of  education  of  any  city  of  the  first  or  second 
class,  to  employ  any  child  therein,  between  the  ages  of  eight 
and  fifteen  years,  during  the  sessions  of  the  school  term  or 
year,  unless  such  child  is  exempt  from  attendance  under  the 
provisions  of  section  1 :  Provided,  That  the  board  of  directors 
of  any  country  district  or  the  board  of  education  of  any  city 
of  the  first  or  second  class  shall  have  authority,  in  the  exercise 
of  a  sound  discretion,  to  permit  temporary  absences  of  chil- 
dren from  school,  between  the  ages  of  eight  and  fourteen 
years,  in  extreme  cases  of  emergency  or  domestic  necessity. 
Any  parent,  guardian  or  other  person  having  control  or  charge 
of  such  child  delinquent  in  school  attendance,  and  any  mer- 
chant, company  or  other  party  unlawfully  employing  such 
child,  upon  conviction  of  the  violation  of  any  provision  of  this 
act,  or  of  the  act  of  which  this  is  amendatory,  shall  be  ad- 
judged guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  and  be  committed  to  the  county  jail  till  same  is 
paid ;  all  fines  collected  shall  be  paid  into  the  county  treasury 
for  the  support  of  the  common  schools.  It  shall  be  the  duty 
of  all  county  attorneys,  for  country  districts,  in  their  respec- 
tive counties,  and  of  all  city  attorneys,  in  their  respective 
cities,  to  prosecute  all  complaints  filed  and  actions  brought 
under  this  act  or  under  the  provisions  of  the  act  of  which  this 
is  amendatory.  (Laws  1907,  ch.  317,  sec.  1.) 

§  239.  Incorrigible  Pupils.  [9417]  In  case  any  pupil  be- 
comes an  habitual  truant,  or  becomes  a  menace  to  the  best 
interests  of  the  school  which  he  is  attending,37  then  it  shall  be 
the  duty  of  the  truant  officer  to  report  said  facts  and  condi- 
tions to  the  parents  or  guardian  of  said  child.  The  parent 
shall  be  held  liable  under  the  provisions  of  this  act  for  the 
regular  attendance  and  good  conduct  of  said  child,  unless  said 
parent  or  guardian  shall  state  in  writing  to  said  truant  officer 
that  said  child  is  beyond  the  control  of  said  parent  or  guard- 
ian. Then  it  shall  be  the  duty  of  the  truant  officer  to  proceed 
against  said  pupil  under  the  provisions  of  the  law  governing 
juvenile  disorderly  persons.  Cities  of  the  first  and  second 
class  will  each  constitute  a  separate  district  for  the  adminis- 
tration of  this  act,  and  the  truant  officer  or  officers  of  such 
cities  shall  be  appointed  by  the  respective  boards  of  educa- 

37.  Repeated  and  willful  disobedience  of  the  rules  of  school  is  a 
menace  to  the  best  interests  of  the  school. 


88  COMPULSORY   EDUCATION.  [CH.   7 

tion  of  said  cities :  Provided,  That  there  shall  be  in  such  cities 
but  one  truant  officer  for  each  10,000  children,  according  to 
the  school  enumeration :  Provided  further,  That  no  city  shall 
have  more  than  five  truant  officers.  The  truant  officers38  of 
cities  shall  enforce  the  provisions  of  this  act  in  the  manner 
and  under  such  penalties  as  are  prescribed  by  section  239  of 
this  act.  (Laws  1903,  ch.  423,  sec.  3.) 

§  240.  Compensation  of  Truant  Officers.  [9418]  The  tru- 
ant officers  provided  for  in  this  act  who  are  appointed  by  the 
board  of  county  commissioners  shall  receive  from  the  county 
treasurer  two  dollars  for  each  day  for  actual  services.40  The 
truant  officers  provided  for  in  this  act  who  are  appointed  by 
the  board  of  education  of  any  city  of  the  first  or  second  class 
shall  receive  from  the  treasury  of  such  board  of  education 
two  dollars  for  each  day  for  actual  service.  Such  truant  offi- 
cers shall  be  paid  by  the  respective  counties41  or  board  of  edu- 
cation in  the  same  manner  as  other  employees  are  paid :  Pro- 
vided, That  no  warrant  shall  be  issued  either  on  the  county 
treasurer  or  the  treasurer  of  the  board  of  education  for  such 
services  until  the  truant  officer  shall  have  filed  an  itemized 
statement  of  the  time  employed  in  such  service,  and  such  state- 
ment shall  have  been  certified  to  by  the  county  superintendent 
of  public  instruction  or  by  the  clerk  of  the  board  of  education 
in  the  city  in  which  such  truant  officer  is  employed :  Provided 
further,  That  no  truant  officer  shall  receive  pay  for  more  days' 
service  during  any  one  year  than  the  number  of  days  the  school 
is  in  session  that  year.  (Laws  1903,  ch.  423,  sec.  4.) 

§  241.  Teachers  and  School  Officers  to  Report.  [9419]  All 
school  officers  are  hereby  required  to  make  and  furnish  all 
reports  that  may  be  required  by  the  county  superintendent  of 
public  instruction  or  by  the  board  of  education  of  any  city  of 
the  first  and  second  class  with  reference  to  the  working  of 
this  act.  Every  teacher  employed  in  the  public  schools  in 
the  state  of  Kansas  is  hereby  required,  before  receiving  each 
month's  salary,  to  make  a  report  to  the  county  superintendent 
of  public  instruction  or  to  the  superintendent  of  the  city  in 
which  he  may  be  employed,  showing  the  names  and  addresses 
of  all  pupils  who  have  been  truant  or  habitually  absent  from 
school  during  the  previous  month,  and  stating  reasons  for 

38.  Truant  officers  of  cities  of  the  first  and  second  class  are  under  the 
supervision  of  their  respective  boards  of  education  or  the  city  superin- 
tendent, who  is  the  board's  executive  officer. 

39.  Section  238  of  this  book. 

40.  The  truant  officer  may  be  appointed  probation  officer  of  the  juve- 
nile court,  as  provided  in  section  545  of  this  book. 

41.  When   the  county  superintendent  has   approved   the   bill   of   th* 
truant  officer,  the  county  commissioners  (or  auditor)  of  the  county  hav 
no  option  but  to  order  payment  of  same.     Truant  officers  are  not  entitle 
to  pay  for  traveling  expenses.     They  are  entitled  to  pay  for  a  reasonab1 
amount  of  office  work  in  connection  with  their  regular  duties. 


CH.    7]  COMPULSORY   EDUCATION.  89 

such  truancy  or  habitual  absence  in  each  case,  if  known.  All 
such  cases  of  truancy  so  reported  shall  be  brought  to  the  notice 
of  the  proper  truant  officer  by  the  county  superintendent  of 
public  instruction  or  by  the  superintendent  of  the  city  by  which 
he  is  employed.  (Laws  1903,  ch.  423,  sec.  5.) 

§  242.  Annual  School  Census.  [9420]  In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced,  it  is 
hereby  provided  that  the  enumerators42  of  school  children, 
in  taking  their  annual  school  census,  shall  ascertain  and  record 
the  name,  place43  and  date  of  birth  of  every  child  enumerated,44 
and  the  parent,  guardian  or  persons  having  charge  or  control 
of  such  child  shall  subscribe  and  take  oath  or  affirmation  that 
such  record  is  true.  The  enumerator  is  hereby  empowered  to 
administer  such  oath  or  affirmation ;  and  any  parent,  guardian 
or  person  having  charge  or  control  of  any  child  who  shall  re- 
fuse to  take  such  oath  or  affirmation  shall  be  adjudged  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  one  nor  more  than  ten  dollars.  (Laws 
1903,  ch.  423,  sec.  6.) 

§  243.  Deaf,  Mute  and  Blind  Must  be  Educated.  [9441] 
That  every  parent,  guardian,  company,  corporation,  associa- 
tion, person  or  persons  within  the  state  of  Kansas  having  con- 
trol or  charge  of  any  deaf,  dumb  or  blind  child  or  person  be- 
tween the  ages  of  seven  and  twenty-one  years,  inclusive,  shall 
be  required  to  send  such  child  or  person  to  some  suitable  school 
where  deaf  and  blind  are  taught  and  educated.  The  instruction 
given  the  deaf  shall  be  conducted  either  orally  or  by  sign 
method,  or  both,  for  a  period  of  at  least  five  months  in  each 
year :  Provided,  That  this  will  not  apply  to  such  child  or  person 
where  skilled  private  instruction  is  given  for  the  same  length 
of  time  each  year.  It  shall  be  the  duty  of  the  truant  officer 
provided  in  section  2,  Laws  of  1903,  to  enforce  the  provisions 
of  this  act,  the  same  as  provided  for  the  enforcement  of  chap- 
ter 423,  Laws  of  1903.  (Laws  1905,  ch.  384,  sec.  1.) 

§  244.  Penalty.  [9442]  Any  parent,  guardian,  company, 
corporation,  association,  member  of  any  company,  corporation, 
or  association,  person  or  persons  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  adjudged  to  pay  a  fine  in 
any  sum  not  to  exceed  $100.  (Laws  1905,  ch.  384,  sec.  2.) 

§  245.  Education  of  Children  in  Asylums.  [6848]  When- 
ever it  shall  be  necessary  and  practicable,  poor  children  of  the 
asylums  who  can  not  be  bound  out,  or  whom  it  may  not  be 
expedient  to  bind  out,  shall  be  educated  thereat,  or  at  the 

42.  In  all  districts  under  the  supervision  of  the  county  superintendent 
the  district  clerk  is  the  enumerator. 

43.  Address  at  the  date  of  census. 

44.  The  census  age  is  five  to  twenty-one  years. 


90  COMPULSORY  EDUCATION.  [CH.   7 

schools  of  the  district  in  which  such  asylums  may  be  situated, 
or  in  some  adjacent  district,  and  the  board  of  county  commis- 
sioners of  any  such  county  may  arrange  with  such  school 
district  or  districts  for  the  education  of  such  children  and 
allow  a  reasonable  tuition  fee  therefor.  (Laws  1905,  ch.  385, 
sec.  1.) 


CH.  8] 


CONSOLIDATION. 


91 


CHAPTER  VIIL— Consolidation. 


§251.   Powers    of    district    meetings    of    dis- 
trict board. 

252.  County  superintendent  to  be  notified. 

253.  Record  boundaries. 

254.  Property  of  districts. 

255.  Name. 

256.  Duties  and  powers  of  district  board. 


§246.   Temporary    consolidation    of    districts 
by   county   superintendent. 

247.  Procedure  in  consolidation. 

248.  Consolidation    with    district    contain- 

ing a  graded  school. 

249.  Transportation  of  pupils. 

250.  Compensation    to    parents    for    trans- 

portation. 

§  246.  Temporary  Consolidation  of  Districts  by  County  Su- 
perintendent. [8934]  The  county  superintendent  of  public  in- 
struction may,  when  any  two  or  more  adjoining  school  dis- 
tricts have  less  than  five  pupils  each  of  school  age,  combine 
the  pupils  of  such  districts,  and  provide  for  a  term  of  school 
which  shall  be  divided  among  the  districts  so  combined  as  he 
shall  deem  most  convenient,  and  to  which  the  pupils  of  each 
shall  be  admitted ;  he  shall  prorate  the  expense  between  the 
districts  in  proportion  to  the  number  of  pupils  from  each,  and 
shall  certify  same  to  the  county  clerk  on  or  before  the  1st  day 
of  August  of  each  year,  and  the  board  of  county  commissioners 
shall  levy  a  tax  against  the  property  of  said  district  sufficient 
to  raise  the  amount  shown  by  the  said  certificate:  Provided, 
That  whenever  the  school  population  of  such  districts  so  com- 
bined or  of  any  school  district  shall  become  less  than  five  no 
term  of  school  shall  be  held,  but  provision  shall  be  made  by 
the  county  superintendent  for  sending  pupils  to  other  schools, 
as  now  provided  by  law  in  the  case  of  districts  which  vote  to 
have  no  school,  and  in  no  case  shall  more  than  one  school  be 
held  at  the  same  time  in  any  school  district,  consolidated  or 
otherwise,  unless  there  be  a  regular  attendance  of  at  least  five 
bona  fide  pupils  for  each  of  the  additional  schools  in  said  dis- 
trict. All  contracts  with  teachers  shall  be  made  subject  to  the 
provisions  of  this  act.  (Laws  1901,  ch.  307,  sec.  11.) 

§  247.  Procedure  in  Consolidation.  [8938]  By  order  of  the 
district  board,  or  by  a  written  petition  of  twenty-five  per 
cent  of  the  voters  of  any  school  district,  the  clerk  of  said 
school  district  shall  post  printed  notices  as  required  for  school- 
district  meetings,  calling  a  school-district  meeting  at  the 
schoolhouse  of  said  district  for  the  purpose  of  voting  upon  a 
proposition  to  consolidate  said  school  district  with  one  or  more 
school  districts  as  stated  in  said  notices.  The  vote  in  any 
district  may  be  made  conditional  on  a  similar  proposition 
carrying  in  part  or  all  of  the  districts  voting.  In  any  school 
district  voting  on  the  proposition  a  majority  of  the  votes  cast 
shall  be  sufficient  to  carry  the  proposition  in  said  district. 
The  vote  at  such  school-district  meeting  shall  be  by  ballot, 
which  shall  read  "For  consolidation"  or  "Against  consolida- 
tion." Upon  such  proposition  being  carried,  the  clerk  of  said 


92  CONSOLIDATION.  [CH.    8 

school  district  shall  thereupon,  in  writing,  notify  the  county 
superintendent  of  such  action.  Upon  receiving  such  notice,  it 
shall  be  the  duty  of  the  county  superintendent  to  designate  a 
time  and  place  for  the  meeting  for  the  purpose  of  electing 
a  school  board,  consisting  of  a  director,  clerk  and  treasurer, 
notice  of  which  meeting  shall  be  given  by  printed  notices 
posted  in  five  public  places  in  the  districts  uniting.  As  soon 
as  such  officers  are  elected  and  have  taken  the  oath  of  office, 
the  county  superintendent  shall  declare  the  old  districts  dis- 
organized :  Provided,  That  said  school  board  is  authorized  to 
maintain  separately  till  the  end  of  the  term  any  schools  that 
may  be  in  session  at  the  time  of  consolidation.  (Laws  1911, 
ch.  275,  sec.  1.) 

§  248.  Consolidation  with  a  District  Containing  a  Graded 
School.  [8939]  Any  school  district  may  be  annexed  to  a  school 
district  containing  a  graded  school  upon  a  proposition  for 
such  annexation  receiving  a  majority  of  votes  cast  at  an 
election  called  for  that  purpose  as  provided  for  in  section  1 
of  this  act,  and  upon  said  proposition  receiving  the  approval 
of  the  district  board  of  the  school  district  containing  said 
graded  school.  Upon  the  county  superintendent  receiving  no- 
tification that  such  proposition  has  been  carried  at  said  elec- 
tion and  approved  by  the  school  board  of  the  school  district 
containing  the  graded  school,  the  county  superintendent  shall 
annex  said  district.  Such  annexation  shall  take  place  in  ac- 
cordance with  section  7435  of  the  General  Statutes  of  1909, 
and  after  such  district  is  formed  it  shall  be  governed  by  the 
provisions  governing  consolidated  districts.  A  graded  school 
for  the  purpose  of  this  act  shall  be  one  in  which  two  or  more 
teachers  are  employed.  (Laws  1911,  ch.  275,  sec.  2.) 

§  249.  Transportation  of  Pupils.  That  section  8940  of  the 
General  Statutes  of  1915  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows :  Sec.  8940.  The  district  board  of  con- 
solidated school  districts  shall  provide  for  the  comfortable 
transportation  of  the  pupils  of  said  district  who  live  two  or 
more  miles  from  the  schoolhouse  by  the  usually  traveled  road, 
in  a  safe  and  inclosed  conveyance  or  conveyances,  or  in  lieu 
thereof  said  district  board  may  make  such  allowance  and  pay- 
ment to  the  parents,  or  other  custodians  of  pupils  who  furnish 
their  own  transportation  as  to  the  district  board  may  seem  just 
and  proper,  not  exceeding  25  cents  per  day  for  each  pupil  so 
transported,  and  shall  establish  such  rules  and  regulations 
as  may  be  necessary  for  carrying  out  the  provisions  of  this 
section :  Provided,  That  said  district  board  may  establish  regu- 
lar routes  for  the  transportation  of  such  pupils.  (Laws  1917, 
ch.  276,  sec.  1.) 

§  250.  Compensation  to  Parents  for  Transportation.  In 
cases  where  it  is  impracticable  to  reach  certain  places  by  a 
laid-out  route  of  travel,  said  school  district  board  may  fix  a 


CH.   8]  CONSOLIDATION.  93 

compensation  for  the  carrying  of  pupils  living  in  such  out-of- 
the-way  places,  to  reach  the  regularly  laid-out  route  and  such 
compensation  shall  be  paid  to  the  parents  of  such  pupils  when- 
ever such  special  regulations  shall  be  approved  by  the  county 
school  superintendent.  (Laws  1917,  ch.  276,  sec.  2.) 

§  251.  Powers  of  District  Meetings  and  of  District  Board. 
[8941]  The  annual  or  special  meetings  of  consolidated  school 
districts  shall  have  such  general  powers  and  duties  as  are  pro- 
vided by  law  for  school-district  meetings45.  The  duties  and 
powers  of  the  district  board  of  consolidated  districts  shall  in- 
clude those  provided  by  law  for  district  boards.  (Laws  1911, 
ch.  275,  sec.  4.) 

§253.  County  Superintendent  to  be  Notified.  [8943]  Upon 
the  organization  of  such  union  school  districts,  as  hereinbefore 
provided,  the  clerk  of  the  board  thereof  shall  notify  the  county 
superintendent  in  writing  that  such  action  has  been  taken. 
(Laws  1901,  ch.  305,  sec.  3.) 

§  253.  Record  of  Boundary.  [8944]  The  boundary  of  the 
union  district,  when  formed,  shall  include  the  territory  of 
the  districts  so  uniting,  and  the  county  superintendent  shall, 
upon  proper  notice  thereof,  at  once  make  a  record  of  such 
boundary :  Provided,  That  by  vote  of  the  electors  of  any  dis- 
trict uniting  to  form  a  union  district  part  of  the  district  may 
unite  with  one  union  district  and  part  with  another  adjacent 
union  district.  (Laws  1901,  ch.  305,  sec.  4.) 

§  254.  Property  of  Districts.  [8945]  Upon  the  organiza- 
tion of  such  union  school  district,  all  school  property,  except 
as  hereinbefore  provided,  heretofore  owned  by  the  several  dis- 
tricts so  uniting,  shall  at  once  become  the  property  of  such 
union  school  district,  and  the  board  of  directors  of  the  said 
union  school  district  are  hereby  authorized  to  dispose  of  any  or 
all  such  property  as  the  best  interests  of  such  district  may  re- 
quire. (Laws  1901,  ch.  305,  sec.  5.) 

§  255.  Name.  [8946]  Such  union  school  district,  when 
formed,  shall  be  known  as  union  school  district  No.  — ,  county 
of  -  — ,  state  of  Kansas,  and  be  a  body  corporate,  with 
power  to  sue  and  be  sued.  (Laws  1901,  ch.  305,  sec.  7.) 

§  256.  Duties  and  Powers  of  District  Board.46  [8947]  The 
duties  and  powers  of  the  board  of  directors  heretofore  men- 
tioned shall  be  the  same  as  those  provided  by  law  for  school- 
district  boards.  (Laws  1901,  ch.  305,  sec.  8.) 

45.  See  chapter  XI  of  this  book. 

46.  See  chapter  XI  of  this  book. 


94 


COUNTY    SCHOOL   FUND. 


[CH.   9 


CHAPTER  IX.— County  School  Fund. 


2.">7.   County  treasurer. 

258.  County   clerk   shall   report  to   county 

superintendent. 

259.  Justices    shall    report    to    county    su- 

perintendent proceeds  of  fines  and 
estrays. 


§260.   Moneys  and  property  to  be  delivered 
to  proper  officers. 

261.  No  compensation. 

262.  Penalty. 

263.  Unclaimed  money. 

264.  Fines    and    penalties    paid    into    com- 

mon-school fund. 


§  257.  County  Treasurer.  [9281]  The  county  treasurer 
shall  collect  all  moneys  due  the  county  for  school  purposes 
from  fines,  forfeitures,  or  proceeds  from  the  sale  of  estrays, 
and  all  moneys  paid  by  persons  as  equivalent  for  exemption 
from  military  duty;  and  he  shall,  upon  proper  application  of 
the  district  treasurer  of  any  district  in  the  county,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  dis- 
trict by  the  county  superintendent.47  He  shall  also  collect  the 
delinquent  taxes  on  real  estate  in  any  district,  in  the  same 
manner  as  county  taxes  are  collected,  whenever  such  delin- 
quent tax  list  shall  have  been  lawfully  reported  and  returned 
to  him,  and  he  shall  pay  the  same  over  to  the  treasurer  of  the 
district  to  which  such  delinquent  taxes  are  due;  and  if  any 
county  treasurer  shall  refuse  to  deliver  over  to  the  order  of 
the  county  superintendent  any  school  money  in  his  possession, 
or  shall  use  or  permit  to  be  used  for  any  other  purpose  than  is 
specified  in  this  act  any  school  money  in  his  possession,  he 
shall  on  conviction  thereof  be  adjudged  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 
(Laws  1876,  ch.  122,  art.  17,  sec.  1.) 

§258.  County  Clerk.  [9282]  The  county  clerk  of  each 
county  shall,  on  the  first  Mondays  of  March  and  July  of  each 
year,  make  out  and  transmit  to  the  county  superintendent  a 
true  statement  of  any  county  school  money  then  in  the  county 
treasury.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

§  259.  Justice  of  the  Peace.  [9283]  Each  justice  of  the 
peace  shall  report  to  the  county  superintendent,  on  the  1st 
day  of  March  and  on  the  25th  day  of  July  of  each  year,  the 
amount  received  from  the  proceeds  of  fines  and  estrays  during 
the  six  months  preceding,  and  belonging  to  the  school  fund  of 
the  county;  and  each  justice  of  the  peace,  at  the  time  of  mak- 
ing his  report  to  the  county  superintendent,  shall  promptly 
pay  all  of  said  proceeds  to  the  county  treasurer,  to  be  disbursed 
by  the  county  superintendent  at  the  next  ensuing  semiannual 
dividend.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

47.  The  county  school  fund  is  added  to  the  allotment  received  from 
the  state  school  fund  and  apportioned  as  one  fund  by  the  county  super- 
intendent. 


CH.   9]  COUNTY   SCHOOL   FUND.  95 

§  260.  Moneys  and  Property.  [9284]  All  persons  having 
school  moneys  or  other  property  in  their  possession,  by  virtue 
of  any  act  heretofore  passed,  are  hereby  required  to  pay  over 
and  deliver  the  same  to  the  proper  officers  provided  for  by  this 
act.  (Laws  1876,  ch.  122,  art.  17,  sec.  4.) 

§  261.  No  Compensation.  [9285]  No  county  treasurer  shall 
receive  any  compensation  for  disbursing  or  receiving;  either 
county  or  state  school  moneys.  (Laws  1876,  ch.  122,  art.  17, 
sec.  5.) 

§  262.  Penalty.  [9286]  Any  county  treasurer  who  shall 
neglect  or  fail  to  pay  over  any  school  money  in  the  treasury, 
on  application,  shall  be  subject  to  a  fine  of  not  less  than  $500 
for  every  such  neglect  or  failure.  (Laws  1876,  ch.  122,  art.  17, 
sec.  6.) 

§  263.  Unclaimed  Money.  That  section  9243  of  the  General 
Statutes  of  Kansas  for  1915  be  amended  so  as  to  read  as  fol- 
lows: Sec.  9243.  If  any  sum  of  money  directed  by  an  order 
of  the  court  to  be  distributed  to  heirs,  next  of  kin,  or  legatees, 
shall  remain  for  the  space  of  one  year  unclaimed,  the  executor 
or  administrator  shall  pay  over  the  same  to  the  treasurer  of 
the  county  for  the  benefit  of  the  common  schools  of  the  county : 
Provided,  If  at  any  time  within  twenty-one  years  after  the 
date  of  payment  of  said  money  to  the  county  treasurer  any 
person  or  the  legal  representative  of  any  person  shall  appear 
and  claim  said  money  as  the  rightful  heir  to  said  estate,  and 
shall  prove  heirship  satisfactorily  to  the  probate  court,  the 
judge  of  said  court  shall  so  certify,  and  the  county  treasurer 
shall  pay  over  to  such  claimant  or  his  legal  representative  the 
sum  so  received  from  such  estate.  (Laws  1917,  ch.  187,  sec.  2.) 

§264.  Common-school  Fund.  [8257]  All  fines  and  penalties 
imposed,  and  all  forfeitures  incurred,  in  any  county,  shall  be 
paid  into  the  treasury  thereof,  to  be  applied  to  the  support  of 
common  schools.  (Gen.  Stat.  1868,  ch.  82,  sec.  332.) 


96 


COUNTY   SUPERINTENDENT. 


[CH.   10 


CHAPTER  X. — County  Superintendent. 


§288.   Boundary  lines  reestablished  in  case 
of  error. 

289.  Indebtedness  of  depopulated  district. 

290.  County  treasurer  shall  pay  orders. 

291.  Depopulated    district    may    be    disor- 

ganized. 

292.  When  district  is  depopulated. 

293.  Partially    depopulated    districts    may 

be  disorganized. 

294.  Partially      depopulated     district      de- 

fined. 

295.  Petition  for  disorganization. 

296.  Territory    attached    to    adjacent    dis- 

trict. 

297.  Floating  indebtedness  of  disorganized 

district. 
2P8.   Orders  paid  by  county  treasurer. 

299.  Disposition  of  funds. 

300.  Disposition  of  property. 

301.  Territory  not  liable  for  debts. 

302.  Annexation  of  school  districts. 

303.  Floating  indebtedness  of  districts  an- 

nexed. 

304.  Property  of  annexed  districts. 

305.  Other  duties;  deputy. 

306.  Neglect  or  refusal  to  perform  duty. 

307.  Agent  of  state  orphans'  home. 

308.  Trespassers  on  school  lands. 


§265.   Qualifications. 

266.  Term  of  office. 

267.  Oath  and  bond. 

268.  General  duties. 

269.  Annual  convention  of  school  district 

boards. 

270.  Apportionment  of  school  funds. 

271.  Annual  report. 

272.  Compensation. 

273.  Assistant  county  superintendent. 

274.  Compensation  of  assistants. 

275.  Vacancy  in  school-district  board. 

276.  Vacancy  in  office  of  county  superin 

tende'nt. 

277.  Reports  of  district  clerks. 

278.  Power  to  administer  oaths  in  certain 

cases. 

279.  Purchase  of  records. 

280.  Forming  and  changing  disti-icts. 

281.  School     districts    within     an     Indian 

reservation. 

282.  Appeal  to  county  commissioners. 

283.  Notice  of  first  district  meeting. 

284.  Division  of  property. 

285.  Description  of  school  district  bound- 

aries. 

286.  County    superintendent   shall   furnish 

map. 

287.  Boundary  lines  reestablished, 

§  265.  Qualifications.  [8880]  That  a  person  to  be  eligible 
to  the  office  of  county  superintendent  of  public  instruction 
must  hold  a  professional  certificate,  first-grade  certificate,  or 
a  state  certificate,  or  be  a  graduate  of  an  accredited  college  or 
normal  school,  and  must  have  taught  at  least  eighteen  months : 
Provided,  That  this  act  shall  not  apply  to  any  person  now  hold- 
ing the  office  of  county  superintendent  or  to  any  person  who  is 
now  a  county  superintendent  elect.  (Laws  1907,  ch.  167, 
sec.  1.) 

§  266.  Term  of  Office.  [8878]  The  term  of  office  of  the 
county  superintendent  of  public  instruction  shall  begin  on  the 
second  Monday  of  May  of  each  odd  year,  beginning  with  the 
year  A.  D.  1901.  (Laws  1899,  ch.  244,  sec.  1.) 

§  267.  Oath  and  Bond.  [8881]  The  county  superintendent 
of  public  instruction  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  an  oath  or  affirmation  to  sup- 
port the  constitution  of  the  United  States  and  of  the  state  of 
Kansas,  to  faithfully  discharge  the  duties  of  said  office,  and 
execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $1,000,  con- 
ditioned to  the  faithful  performance  of  his  official  duties; 
which  bond,  after  having  been  approved  by  the  board  of  county 
commissioners,  together  with  his  official  oath,  shall  be  filed  in 
the  office  of  the  county  clerk.  (Laws  1881,  ch.  152,  sec.  1.) 

§  268.  General  Duties.  [8882]  It  shall  be  the  duty  of  the 
county  superintendent  of  public  instruction  to  visit  each 


CH.    10]  COUNTY   SUPERINTENDENT.  97 

school  in  his  county  at  least  once  each  term  of  six  months,48 
correcting  any  deficiency  that  may  exist  in  the  government  of 
the  school,49  the  classification  of  the  pupils,  or  the  methods  of 
instruction  in  the  several  branches  taught;  to  make  such  sug- 
gestions in  private  to  the  teachers  as  he  shall  deem  proper  and 
necessary  to  the  welfare  of  the  school;  to  note  the  character 
and  condition  of  the  schoolhouse,  furniture,  apparatus,  and 
grounds,  and  make  a  report  in  writing  to  the  district  board, 
making  such  suggestions  as  in  his  opinion  shall  improve  the 
same;  to  examine  the  accounts  and  record-books  of  the  dis- 
trict officers,  and  see  that  they  are  kept  as  required  by  law ;  to 
encourge  the  formation  of  associations  of  teachers  and  edu- 
cators for  mutual  improvement,  and,  as  far  as  possible,  to  at- 
tend the  meetings  of  such  associations,  and  participate  in  the 
exercises  of  the  same ;  to  attend  the  normal  held  in  his  county, 
using  his  influence  to  secure  the  attendance  of  teachers;  to 
make  daily  a  personal  inspection  of  the  work  of  the  institute 
in  session,  and  keep  a  record  of  the  same  in  his  office,  and  do 
such  work  in  connection  with  the  exercises  of  the  institute  as 
he  may  deem  necessary;50  to  hold  a  public  meeting  in  each 
school  district  of  his  county  at  least  once  every  year,  for  the 
purpose  of  discussing  school  questions  and  elevating  the  stand- 
ard of  education ;  to  keep  his  office  open  at  the  county  seat  Sat- 
urday of  each  week,  and  in  counties  in  which  tbe  superintend- 
ent receives  a  salary  of  more  than  $600  per  annum,  he  shall 
keep  his  office  open  when  not  necessarily  absent  attending  to 
his  official  duties.51  He  shall  keep  a  complete  record  of  his 
official  acts;  a  record  of  the  name,  age  and  post-office  address 
of  each  candidate  for  a  teacher's  certificate,  with  the  number 
of  weeks  said  candidate  has  attended  a  normal  school  or  insti- 
tute, the  number  of  weeks  he  has  taught,  his  standing  in  each 
study,  and  the  date  of  issue  and  expiration  of  each  certificate 
granted.  He  shall  keep  a  register  of  the  teachers  employed  in 
his  county,  giving  name  of  teacher,  number  of  the  district  in 
which  he  is  employed,  dates  of  opening  and  closing  term,  sal- 
ary per  month,  grade  of  certificate,  and  date  of  superintend- 
ent's visit.  He  shall  keep  a  record  of  the  semiannual  appor- 
tionments of  the  state  and  county  school  funds,  and  such  other 
statistical  records  as  shall  be  required  in  making  reports  to 

48.  "At  least  once  each  term  of  six  months"  is  held  to  mean  at  least 
once  each  school  year. 

49.  The  power  to  correct  deficiencies  in  government,  classification  and 
methods  of  instruction  implies  a  direct  responsibility  of  the  teacher  to 
the  superintendent.     The  language  of  the  law  is  clearly  intended  to  es- 
tablish this  relation  somewhat  as  it  exists  in  city  schools.     Failure  to 
pay  reasonable  attention  to  the  suggestions  of  the  county  superintend- 
ent in  these  matters  is  held  to  be  sufficient  ground  for  withholding  the 
teacher's  certificate. 

50.  The  county  superintendent  cannot  receive  compensation  for  work 
in  connection  with  the  normal  institute. 

51.  See  sections  272  and  273  of  this  book. 

4— School  La-svs— 2728 


98  COUNTY    SUPERINTENDENT.  [CH.    10 

the  state  superintendent  of  public  instruction.  He  shall  make 
out  and  transmit  to  the  state  superintendent,  on  the  last  Mon- 
day of  March,  June,  September  and  December  of  each  year,  a 
report,  showing  the  number  of  school  visits  made,  with  the 
average  length  of  time  spent  in  such  visits;  the  number  of 
consultations  held  with  school  officers ;  the  number  of  days  his 
office  has  been  kept  open;  the  number  of  district  treasurers' 
and  clerks'  record-books  examined;  the  number  of  teachers' 
meetings  attended;  the  number  of  public  lectures  delivered; 
and  such  other  information  as  the  state  superintendent  may 
require  regarding  the  duties  of  such  county  superintendent; 
and  until  such  report  shall  have  been  forwarded  to  the  state 
superintendent,  and  a  copy  thereof  filed  with  the  county  clerk 
for  publication,  and  that  fact  certified  by  the  said  county  sup- 
erintendent to  the  board  of  county  commissioners,  the  war- 
rant for  his  salary  shall  not  be  drawn.  The  county  superin- 
tendent shall  obtain  from  the  county  clerk,  at  least  ten  days 
before  the  time  for  holding  the  annual  school  meeting  each 
year,  a  certified  statement  of  the  total  assessed  valuation  of 
the  property  in  each  school  district  in  his  county,  and  imme- 
diately certify  the  same  to  the  several  school-district  clerks  of 
his  county,  for  the  information  of  the  annual  school  meeting; 
and  it  is  hereby  made  the  duty  of  said  county  clerk  to  make 
out  said  certified  statement,  and  deliver  the  same  to  the  county 
superintendent.  (Laws  1881,  ch.  152,  sec.  2.) 

§  269.  Annual  Convention  of  School-district  Boards.  [8883] 
The  county  superintendent  of  public  instruction  in  each  county 
in  the  state  shall  hold  annually  one  convention  of  members  of 
school-district  boards  for  the  purpose  of  consultation  and  in- 
struction on  matters  pertaining  to  the  administration  of  the 
district  schools  of  said  county.  Each  district  board  may  desig- 
nate one  or  more  members  of  said  board  to  attend  said  con- 
vention ;  and  each  member  of  a  school-district  board  thus  desig- 
nated who  shall  attend  said  meeting  may  be  allowed  the  actual 
expenses  incurred  in  attending  said  convention,  not  to  exceed 
two  dollars  each,  said  expenses  to  be  paid  from  the  school-dis- 
trict funds  in  the  manner  prescribed  by  law.  The  county  su- 
perintendent shall  keep  a  record  of  the  attendance  of  all  mem- 
bers of  district  boards  at  each  session  of  the  convention  and 
shall  issue  to  each  member  a  certificate  of  attendance ;  and  no 
warrant  shall  be  drawn  for  the  payment  of  the  expenses  of 
any  member  of  a  school-district  board  until  said  certificate  of 
attendance  has  been  filed  with  the  school-district  clerk.  (Laws 
1915,  ch.  302,  sec.  1.) 

§270.  Apportionment  of  School  Funds.  [8884]  Within  five 
days  after  receiving  the  certificate  of  the  state  superintend- 
ent of  public  instruction,  informing  him  of  the  amount  of 
state  school  fund  which  has  been  apportioned  to  his  county, 
the  county  superintendent  shall  apportion  the  same,  together 


CH.    10]  COUNTY   SUPERINTENDENT.  99 

with  the  unapportioned  county  school  fund  in  the  county  treas- 
ury, among  the  school  districts  and  parts  of  districts  in  such 
county,  in  the  ratio  of  the  number  of  persons  of  school  age 
residing  in  each  district  or  part  of  district,  as  shown  by  the 
last  annual  reports  of  the  several  clerks  of  such  districts  and 
parts  of  districts  :52  Provided,  That  no  district  in  which  a  com- 
mon school  has  not  been  taught  at  least  three  months  the 
last  preceding  school  year  shall  be  entitled  to  receive  any  por- 
tion of  either  of  said  funds;53  and  he  shall  draw  his  order  on 
the  county  treasurer  in  favor  of  each  of  the  several  school- 
district  treasurers  for  the  amount  apportioned  to  such  district 
(Laws  1881,  ch.  152,  sec.  3.) 

§  271.  Annual  Report.  [8885]  He  shall,  on  or  before  the 
15th  of  October  of  each  year,  make  out  and  transmit  in  writ- 
ing to  the  state  superintendent  of  public  instruction  a  report 
bearing  date  October  1,  containing  a  statement  of  the  num- 
ber of  school  districts54  or  parts  of  districts  in  the  county, 
and  the  number  of  children  and  their  sex,  resident  in  each 
over  the  age  of  five  and  under  the  age  of  twenty-one  years  ;55 

52.  A  district  that  refuses  or  neglects  to  have  the  census  taken  accord- 
ing to  law  forfeits  its  right  to  a  share  of  the  annual  school  fund. 

53.  Seven  months  the  minimum  term  by  Laws  1911,  ch.  268,  sec.  1 
(section  323  of  this  book).     A  district  must  not  only  have  had  a  com- 
mon school  taught  at  least  three  months  during  the  school  year  ending 
June  30,  but  must  also  have  made  through  its  district  clerk  the  requisite 
annual  report  for  the  school  year  in  time  to  be  included  in  the  annual 
report  of  the  county  superintendent,  or  the  county  superintendent  cannot 
legally  apportion  to  the  district  a  share  of  the  next  ensuing  February  and 
August  dividends  of  the  state  and  county  school  funds.     In  apportioning 
these  funds,  the  county  superintendent  must  be  governed  not  only  by  the 
proviso  regarding  the  length  of  school  term,  but  also  by  the  number  of 
children  of  school  age  residing  in  the  several  districts  of  the  county, 
"as  the  same  shall  appear  from  the  last  annual  reports  of  the  clerks  of 
the  respective  districts,"    For  purposes  of  apportionment,  it  is  only  from 
the  annual  report  of  a  clerk  of  a  district  that  a  county  superintendent  can 
legally  know  the  number  of  children  of  school  age  residing  in  the  district. 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the 
territory  of  another  which  is  entitled  to  a  portion  of  the  state  and  county 
school  funds,  the  newly  formed  district  should  be  apportioned  its  just 
share  of  the  funds  to  which  the  original  district  would  have  been  entitled. 
If  the  division  of  the  district  was  made  before  the  time  of  making  the 
annual  report,  the  report  of  the  new  district  should  show  the  number  of 
children  resident  of  the  territory  detached  from  the  old  district,  so  that 
this  apportionment  may  be  made  upon  official  returns.  If  the  new  district 
was  organized  after  the  time  of  making  the  annual  report,  the  officers  of 
the  former  district  should  be  directed  to  pay  to  the  treasurer  of  the  new 
district  that  portion  of  the  funds  to  which  the  children  residing  upon  the 
detached  territory  entitled  said  district. 

54.  Joint  districts  are  reported  by  the  superintendent  under  whose 
supervision  the  districts  exist. 

55.  The  annual  reports  of  county  superintendents  constitute  the  basis 
upon  which  the  state  superintendent  disburses  the  semiannual  dividends 
to  the  several  counties.     If  any  county  superintendent,  therefore,  fails  to 
make  his  annual  report,  as  required  by  law,  the  county  loses  its  share  of 
the  state  school  fund,  and  the  county  superintendent  becomes  responsible 
to  the  county  for  the  amount. 


100  COUNTY   SUPERINTENDENT.  [CH.    10 

a  statement  of  the  number  of  district  schools  in  the  county, 
the  length  of  time  a  school  has  been  taught  in  each,  the  number 
of  scholars  attending  the  same,  their  sex,  the  branches  taught 
and  the  text-books  used,  the  number  of  teachers  employed  in 
the  same,  and  their  sex ;  a  statement  of  the  number  of  private 
or  select  schools  in  the  county,  so  far  as  the  same  can  be  ascer- 
tained, and  the  number  of  teachers  employed  in  the  same,  their 
sex,  and  the  branches  taught;  a  statement  of  the  number  of 
graded  schools  in  the  county,  the  length  of  time  school  has  been 
taught  in  each,  and  the  number  of  scholars  attending  the  same, 
their  sex,  and  the  branches  taught,  the  number  of  teachers 
employed  in  the  same,  and  their  sex;  a  statement  of  the  con- 
dition of  the  normal  school,  where  such  school  has  been  estab- 
lished, the  number  of  students  attending  the  same,  their  sex, 
and  the  number  of  teachers  employed  in  the  same,  and  their 
sex;  a  statement  of  the  county  normal  institute;  a  statement 
of  the  number  of  academies  and  colleges  in  the  county,  and  the 
number  of  students  attending  the  same,  and  their  sex,  the 
number  of  teachers  employed  in  each,  and  their  sex;  a  state- 
ment of  the  amount  of  public  money  received  in  each  district 
or  parts  of  districts,  and  what  portion  of  the  same,  if  any,  has 
been  apportioned  to  the  support  of  graded  schools;  a  state- 
ment of  the  amount  of  money  raised  in  each  district  by  tax 
and  paid  for  teachers'  wages  in  addition  to  the  public  money 
paid  therefor ;  the  amount  of  money  raised  by  tax  or  otherwise 
for  the  purpose  of  purchasing  school  site,  for  building,  hiring, 
purchasing,  repairing,  furnishing  or  insuring  such  school- 
house,  or  for  any  other  purpose  allowed  by  law,  in  district 
or  parts  of  districts.  (Laws  1881,  ch.  152,  sec.  5.) 

§  2H2.  Compensation  and  Clerk  Hire.  That  section  1,  chap- 
ter 191,  Laws  of  1917,  is  hereby  amended  to  read  as  follows: 
Section  1.  The  county  superintendent  of  public  instruction 
shall  be  allowed  by  the  board  of  county  commissioners  of  their 
respective  counties,  as  full  compensation  for  all  their  services 
in  the  performance  of  the  duties  required  of  them  by  statute, 
the  following  sums  and  no  more,  to  be  paid  out  of  the  county 
treasury  in  monthly  or  quarterly  installments ;  said  compensa- 
tion shall  be  fixed  by  the  board  of  county  commissioners  at  the 
first  meeting  in  July  of  each  year,  based  on  the  enumeration  of 
the  school  enumerator  for  that  year,  and  the  salary  so  fixed 
shall  begin  on  July  first  of  that  year.  In  counties  having  a 
school  population  of  less  than  500,  the  county  superintendent 
shall  receive  for  each  day  actually  employed  in  the  discharge  of 
his  duties  in  his  office  the  sum  of  four  dollars  per  day  for  a  num- 
ber of  days  not  to  exceed  180  in  any  one  year.  In  counties  hav- 
ing a  school  population  of  from  500  to  1,000  he  shall  receive 
the  sum  of  four  dollars  per  day  for  a  number  of  days  not  to  ex- 
ceed 200  in  any  one  year.  In  counties  having  a  school  popula- 
tion of  1,000  to  1,500  he  shall  receive  the  sum  of  twelve  hun- 


CH.    10]  COUNTY   SUPERINTENDENT.  iOl 

dred  dollars  per  annum;  in  counties  containing  more  than 
1,500  persons  of  school  age,  exclusive  of  those  in  cities  of  the 
first  and  second  class,  he  shall  receive  twelve  hundred  dollars 
and  twenty  dollars  per  annum  for  each  100  persons  of  school 
age  in  excess  of  said  1,500,  up  to  the  sum  of  sixteen  hundred 
dollars :  Provided,  That  in  counties  of  45,000  or  more  popula- 
tion the  salary  of  the  county  superintendent  shall  be  two 
thousand  dollars  per  annum:  Provided  further,  That  if  the 
county  superintendent  shall  fail  to  spend  at  least  one  hour 
in  each  schoolroom  each  school  year,  so  as  to  observe  for  at 
least  one  hour  the  work  of  each  teacher  under  his  supervision, 
the  county  commissioners  may  deduct  from  the  last  quar- 
terly installment  the  sum  of  five  dollars  for  each  delinquency. 
The  county  commissioners  shall  allow  county  superintendents 
having  under  their  jurisdiction  more  than  100  and  not  more 
than  200  teachers  the  sum  of  five  hundred  dollars  per  annum 
'for  clerk  hire,  and  for  more  than  two  hundred  teachers  the 
sum  of  six  hundred  dollars  per  annum  for  clerk  hire.  The 
county  superintendent  shall  be  entitled  to  all  money  actually 
expended  for  stationery,  postage,  freight  and  express.  All 
money  paid  out  of  the  county  treasury  for  this  purpose  shall 
be  out  of  the  general  fund  of  the  county.  That  the  county 
superintendents  of  the  several  counties  in  the  state  of  Kansas 
shall  receive  the  sum  of  two  dollars  per  teacher  per  annum  as 
traveling  expenses  in  visiting  said  schools:  Provided,  In  no 
case  shall  any  county  superintendent  receive  traveling  ex- 
penses for  schools  not  visited.  (Laws  1919,  ch.  201,  sec.  1.) 

§  273.  Assistant  County  Superintendent  in  Certain  Coun- 
ties. That  in  counties  employing  more  than  235  teachers,  ex- 
clusive of  the  cities  of  first  and  second  class,  the  county  super- 
intendent of  public  instruction  is  hereby  authorized  to  ap- 
point an  assistant.  Said  assistant  shall  take  the  proper  oath 
of  office,  which  shall  be  filed  with  the  county  clerk.  He  shall 
act  as  the  deputy  of  the  county  superintendent  of  public  in- 
struction and  shall  perform  the  duties  not  inconsistent  with 
law,  which  the  county  superintendent  may  require,  and  he  shall 
receive  a  salary  of  one  thousand  dollars  per  year  to  be  paid 
from  the  general  fund  of  the  county  in  monthly  or  quarterly 
installments.  (Laws  1917,  ch.  132,  sec.  1.) 

§  274.  Compensation  of  Assistants.  That  in  each  county  of 
this  state  in  which  there  are  more  than  sixty  thousand  and 
less  than  eighty  thousand  inhabitants  and  property  of  more 
than  ninety-five  million  dollars'  assessed  valuation,  and  less 
than  one  hundred  and  ten  million  dollars,  the  board  of  county 
commissioners  shall  allow  for  the  compensation  of  the  assist- 
ants, deputies,  clerks  or  persons  necessarily  employed  in  the 
discharge  of  the  duties  of  each  of  the  county  offices  herein- 
after named,  the  amounts  in  this  act  provided,  or  so  much 
thereof  as  may  be  necessary  as  determined  by  the  officer 


:  COUNTY   SUPERINTENDENT.  [CH.   10 

charged  with  the  duty  of  administering  such  office,  as  follows, 
namely : 

For  the  office  of  county  clerk  the  sum  of  forty-five  hundred 
dollars  per  annum.  For  the  office  of  county  treasurer  the  sum 
of  forty-five  hundred  dollars  per  annum.  For  the  office  of 
sheriff  the  sum -of  forty-five  hundred  dollars  per  annum.  For 
the  office  of  probate  judge  and  the  employment  of  a  clerk  in  the 
juvenile  court  the  sum  of  thirty-six  hundred  dollars  per  annum. 
For  the  office  of  clerk  of  the  district  court  the  sum  of  thirty- 
four  hundred  dollars  per  annum.  For  the  office  of  register  of 
deeds  the  sum  of  twenty-five  hundred  dollars  per  annum.  For 
the  office  of  county  attorney  the  sum  of  forty-two  hundred  and 
sixty  dollars  per  annum.  For  the  office  of  county  superin- 
tendent of  public  instruction  seven  hundred  and  twenty  dollars 
per  annum.  That  the  probation  officers  of  the  juvenile  court 
shall  receive  a  sum  to  be  fixed  by  the  court  but  not  exceeding 
four  dollars  per  day  for  services  actually  performed.  That  the' 
county  auditor  shall  receive  as  full  compensation  for  his  serv- 
ices the  sum  of  eighteen  hundred  dollars  per  annum  payable 
out  of  the  county  treasury  in  monthly  installments. 

Each  of  the  assistants,  deputies,  clerks  and  persons  em- 
ployed in  the  county  offices  mentioned  in  this  section  shall  be 
paid  monthly  upon  sworn  vouchers  approved  by  the  head  of 
the  department  in  which  such  person  is  employed  in  the  same 
manner  in  which  the  salaries  of  county  officers  are  paid. 
(Laws  1919,  ch.  205,  sec.  1.) 

§  275.  Vacancy  in  School-district  Board.  [8886]  Should  a 
vacancy  occur  in  the  board  of  directors  of  any  school  dis- 
trict, it  shall  be  the  duty  of  the  county  superintendent  to 
appoint  some  suitable  person,  a  resident  of  the  district,  to  fill 
the  same,  and  the  person  so  appointed  shall  continue  in  office 
until  the  next  annual  meeting  thereafter,  and  until  his  suc- 
cessor is  elected  and  qualified.  (Laws  1881,  ch.  152,  sec.  7.) 

§  276.  Vacancy  in  Office  of  County  Superintendent.  [8887] 
When  a  vacancy  occurs  in  the  office  of  county  superintendent 
of  public  instruction  by  death,  resignation  or  otherwise,  notice 
thereof  shall  be  given  by  the  county  clerk  to  the  board  of  county 
commissioners,  who  shall  as  soon  as  practicable  appoint  some 
suitable  person  to  fill  the  vacancy :  Provided,  That  if  the  board 
of  county  commissioners  are  unable  to  make  such  appointment 
from  the  residents  of  the  county,  the  county  clerk  shall  notify 
the  state  superintendent  of  public  instruction,  who  shall  ap- 
point some  legally  qualified  person  who  is  a  resident  of  Kan- 
sas to  fill  the  said  vacancy,  regardless  of  the  place  of  residence 
of  such  person;  and  the  person  receiving  such  appointment 
shall  before  entering  upon  the  discharge  of  the  duties  of  the 
office  acquire  a  residence  in  said  county  by  removing  thereto, 
and  shall  file  his  oath  or  affirmation  and  bond  in  the  county 


CH.    10]  COUNTY   SUPERINTENDENT.  103 

clerk's  office  as  provided  by  law,  and  shall  hold  his  office  until 
his  successor  is  elected  and  qualified.  (Laws  1911,  ch.  278, 
sec.  1.) 

§  277.  Reports  of  District  Clerks.  [8888]  He  shall  see  that 
the  annual  report  of  the  clerks  of  the  several  school  dis- 
tricts and  parts  of  districts  in  his  county  are  made  correctly 
and  in  due  time.  (Laws  1881,  ch.  152,  sec.  9.) 

§  278.  Power  to  Administer  Oaths  in  Certain  Cases.  [8889] 
County  superintendents  shall  have  power  to  administer  oaths 
in  all  cases  in  which  an  oath  is  made  necessary  by  any  pro- 
vision of  the  school  law,  except  in  the  qualifying  of  county 
superintendents  and  their  sureties.  (Laws  1881,  ch.  152, 
sec.  10.) 

§  279.  Purchase  of  Records.  [8890]  The  county  superin- 
tendent of  public  instruction  of  the  respective  counties  in  this 
state  may  purchase,  for  each  organized  school  district  in  his 
county  not  having  sufficient  records,  one  set  of  school-district 
records,  consisting  of  district  clerk's  records  and  orderbooks, 
district  treasurer's  book,  and  a  teacher's  daily  register.  Each 
of  said  books  shall  contain  such  printed  forms  and  instructions 
as  will  enable  the  teacher  and  the  school-district  officers  to 
perform  with  correctness  and  accuracy  their  several  duties 
as  required  by  law :  Provided,  The  entire  set  of  said  records  as 
above  enumerated  shall  not  exceed  in  cost  four  dollars  for 
each  set;  and  the  said  superintendent  shall  draw  his  order 
or  warrant  on  the  county  treasurer  in  favor  of  the  person 
he  purchases  said  books  of,  for  the  amount  of  the  purchase- 
money,  and  it  is  hereby  made  the  duty  of  said  county  treas- 
urer to  pay  said  warrant  or  order  out  of  any  money  in  his 
hands  belonging  to  the  respective  districts  in  his  county: 
Provided,  That  no  funds  in  the  hands  of  the  county  treasurer 
belonging  to  the  several  school  districts  in  his  county  shall 
be  diverted  from  the  object  for  which  said  fund  was  raised ; 
and  the  said  superintendent  shall  deliver  the  said  books  to  the 
district  board  of  each  district.  (Laws  1881,  ch.  152,  sec.  11.) 

§  280.  Forming  and  Changing  Districts.57  [8891]  It  shall 
be  the  duty  of  the  county  superintendent  of  public  instruction 
to  divide  the  county  into  a  convenient  number  of  school  dis- 
tricts, and  to  change  such  districts  when  the  interests  of  the 
inhabitants  thereof  require  it,58  but  only  after  twenty  days' 

57.  The  fact  that  the  district  boundary  has  been  changed  by  legis- 
lative act  or  a  district  disorganized  by  legislative  act  in  no  respect  modi- 
fies the  power  of  the  county  superintendent  as  conferred  by  this  section. 

58.  It  is  very  desirable  that  the  people  concerned  should  be  consulted, 
and  the  arguments  on  both  sides  carefully  considered,  before  making  im- 
portant changes.    After  a  district  has  issued  bonds  to  build  or  purchase 
a  schoolhouse,  alterations  should  be  discouraged  until  the  bonds  are  paid, 
except  in  cases  where  imperative  necessity  demands  a  change.    The  object 
should  be  to  establish  strong  and  permanent  districts. 


104  COUNTY   SUPERINTENDENT.  [CH.    10 

notice  thereof,  by  written  notices  posted  in  at  least  five  public 
places  in  the  district  to  be  changed ;  but  no  new  school  district 
shall  be  formed  containing  less  than  fifteen  persons  of  school 
age,  no  district  shall  be  so  changed  as  to  reduce  its  school 
population  to  less  than  fifteen,  and  none  having  a  bonded 
indebtedness  shall  be  so  reduced  in  territory  that  such  indebt- 
€dness  shall  exceed  five  per  cent  of  their  assessed  property 
valuation:59  Provided,  That  any  person  interested  may  appeal 
to  the  board  of  county  commissioners  from  the  action  of  the 
county  superintendent:  And  provided  further,  That  the  re- 
strictions as  to  school  population  and  assessed  valuations  of 
this  section  shall  not  prevent  desirable  changes  in  school-dis- 
trict boundaries  when  the  proposed  alteration  of  boundaries 
is  approved  by  the  board  of  county  commissioners.  The  county 
superintendent  shall  number  school  districts  when  they  are 
formed;  and  he  shall  keep  in  a  book  for  that  purpose  a  de- 
scription of  the  boundaries  of  each  school  district  and  part  of 
district  in  his  county,  with  plat  of  the  same,  date  of  organi- 
zation, date  and  full  record  of  all  changes  of  boundaries,  and 
a  list  of  district  officers  in  his  county,  the  date  of  election  or 
appointment,  ancj  the  time  the  term  of  each  is  to  expire.  (Laws 
1907,  ch.  329,  sec.  1.) 

§  281.  School  Districts  within  an  Indian  Reservation. 
[8895]  That  the  county  superintendent  of  any  county  in 
which  there  is  an  Indian  reservation  may,  under  the  procedure 
prescribed  by  law  for  the  organization  of  other  school  dis- 
tricts, erect  any  number  of  school  districts  lying  wholly  or 
partly  within  such  Indian  reservation,  and  the  ordinary  limi- 
tations of  assessed  valuation  of  property  within  such  district 
shall  not  prevent  the  organization  of  any  such  district:  Pro- 
vided, That  any  such  district  which  it  is  proposed  to  organize 
has  an  aggregate  of  sixty  thousand  dollars'  worth  of  real  and 
personal  property,  subject  to  taxation.  (Laws  1913,  ch.  282, 
sec.  1.) 

§  282.  Appeal  to  County  Commissioners.  [8906]  If  in  the 
formation  or  alteration  of,  or  refusal  to  form  or  alter  school 
districts,  any  person  or  persons  shall  feel  aggrieved,  such 
person  or  persons  may  appeal  to  the  board  of  county  commis- 
sioners, who  shall  confer  with  the  county  superintendent,  and 
their  action  shall  be  final:  Provided,  That  notice  of  such  ap- 
peal60 shall  be  served  on  the  county  superintendent  within  ten 
days  of  the  time  of  posting  of  the  notices  of  the  formation,  or 

59.  See  section  329  for  the  valuation  required  in  the  formation  of  new 
districts  and  the  alteration  of  district  boundaries.     The  territory  com- 
prising a  school  district  at  any  particular  time  is  the  territory  at  that 
time  liable  for  the  bonds  of  such  district. 

60.  No  appeal  can  be  made  to  the  county  commissioners  unless  the 
county  superintendent  posts  notices  of  the  formation  or  alteration  of  a 
school  district. 


CH.    10]  COUNTY   SUPERINTENDENT.  105 

alteration  of  such  district;  such  notice  shall  be  in  writing,  and 
shall  state  fully  the  objections  to  the  action  of  the  county 
superintendent,  a  copy  of  which  shall  be  filed  with  the  county 
clerk,  and  also  with  the  clerks  of  all  districts  affected  by  such 
alteration :  And  provided  also,  That  such  appeal  shall  be  heard 
and  decided  by  the  majority  of  the  board  of  county  commis- 
sioners at  their  next  regular  meeting;  and  if  such  appeal  is 
not  sustained  by  them,  the  county  superintendent  shall  .pro- 
ceed to  appoint  the  time  and  place  for  said  first  district  meet- 
ing, which  shall  then  proceed  as  by  law  required.  (Laws  1876, 
ch.  122,  art.  3,  sec.  5.) 

§  283.  Notice  of  First  District  Meeting.  [8892]  Whenever 
a  school  district  shall  be  formed  in  any  county,  the  county 
superintendent  of  public  instruction  of  such  county  shall, 
within  fifteen  days  thereafter,  prepare  a  notice  of  the  forma- 
tion of  such  district,  describing  its  boundaries,  and  stating  the 
number  thereof.  He  shall  cause  the  notices  thus  prepared  to 
be  posted  in  at  least  five  public  places  in  the  district,  and,  in 
case  there  shall  be  no  appeal,  shall  in  ten  days  thereafter  in 
like  manner  appoint  a  time  and  place  for  a  special  district 
meeting,  for  the  election  of  officers  and  the  transaction  of  such 
business  as  is  prescribed  by  law  for  special  school-district 
meeting.  (Laws  1881,  ch.  152,  sec.  13.) 

§  284.  Division  of  Property.  [8905]  When  a  new  district  is 
formed,  in  whole  or  in  part,  from  one  or  more  districts  pos- 
sessing a  schoolhouse  or  entitled  to  other  property,  such  new 
district  shall  be  formed  only  between  April  1  and  September  1 
of  the  same  year,  and  the  county  superintendent  shall  deter- 
mine the  value  of  the  school  property  of  the  school  district, 
including  taxes  due,  and  deducting  all  indebtedness  except 
bonded  indebtedness.  There  shall  be  due  to  the  new  district61 
from  the  old  district  the  proportion  of  the  value  of  the  school 
property  that  the  assessed  valuation  of  property  of  the  new 

61.  For  the  division  of  school  property  under  the  provisions  of  this 
section,  the  following  rules  are  recommended,  viz.: 

FIRST  RULE. — To  be  applied  in  dividing  school  property  which  has  been 
procured  with  the  proceeds  of  district  taxes:  (1)  Find  the  assessed  valua- 
tion of  the  taxable  property  of  the  undivided  district,  as  returned  on  the 
last  assessment  roll  of  the  county.  (2)  Find,  in  like  manner,  the  assessed 
valuation  of  the  taxable  property  of  the  territory  which  is  to  be  cut  off; 
and  which  does  not  retain  the  school  property.  (3)  Find  the  present  value 
of  the  school  property  of  the  undivided  district,  including  moneys  raised 
from  district  taxes  and  remaining  in  the  treasury  at  the  time  the  division 
is  made,  after  discharging  all  indebtedness  except  bonded  indebtedness. 
(4)  Multiply  the  present  value  of  the  school  property  by  the  assessed 
valuation  of  the  territory  which  is  to  be  cut  off.  That  product,  divided 
by  the  assessed  valuation  of  the  undivided  district,  gives  the  amount  due 
to  the  territory  which  is  to  be  cut  off. 

SECOND  RULE. — To  be  applied  in  dividing  such  school  property  as  con- 
sists of  moneys  received  by  the  undivided  district  from  the  state  and 


106  COUNTY   SUPERINTENDENT.  [CH.    10 

district  bears  to  the  assessed  valuation  of  the  property  of  the 
old  district.  The  county  superintendent  shall  certify  to  the 
county  clerk  the  proper  tax  levy  against  the  taxable  property 
of  the  old  district  to  pay  the  amount  due  the  new  district. 
(Laws  1909,  ch.  207,  sec.  1.) 

§285.  School-district  Boundaries.  [8896]  The  county  su- 
perintendent is  hereby  required  to  furnish  the  county  clerk 
with  a  description  of  the  boundary  of  each  school  district,  on 
or  before  the  last  Monday  in  May  of  each  year.  (Laws  1887, 
ch.  219,  sec.  1.) 

§  286.  County  Superintendent  Shall  Furnish  Map.  [11328] 
The  county  superintendent  of  public  instruction  of  the  several 
counties  of  the  state  shall,  on  or  before  March  1  of  each  year, 
furnish  to  each  assessor  within  his  county  a  map  of  the  city 
or  township  of  such  assessor,  showing  the  number  and  metes 
and  bounds  of  every  school  district  or  part  of  school  district 
within  his  township  or  city.  (Laws  1885,  ch.  198,  sec.  3.) 

§287.  Boundary  Lines  Re-established.  [8897]  That  in  all 
counties  in  the  state  of  Kansas  where  the  records  of  the  bound- 
ary lines  of  school  districts  heretofore  established  in  the  state 
have  been  lost  or  destroyed,  it  shall  be  the  duty  of  the  superin- 
tendent of  public  instruction  of  said  county  to  reestablish 
said  lines  as  nearly  as  possible  upon  the  lines  theretofore  es- 
tablished, and  for  this  purpose  he  may  examine  such  wit- 
nesses as  to  him  or  the  parties  in  interest  shall  seem  proper 
and  sufficient  to  give  him  such  information  as  is  necessary  to 
carry  out  the  provisions  of  this  act.  (Laws  1911,  ch.  274, 
sec.  1.) 

§  288.  Boundary  Lines  Re-established  in  Case  of  Error. 
[8898]  That  in  any  county  where  the  records  of  the  boundary 
lines  of  school  districts  heretofore  established  have  been  lost 
or  destroyed,  and  an  attempt  has  been  made  to  reestablish 
said  lines,  where  it  becomes  evident  to  the  county  superintend- 

county  school  funds:  (1)  Find  the  number  of  children  of  school  age  re- 
siding in  the  undivided  district,  as  given  in  the  last  annual  report  of  the 
clerk  of  the  district.  (2)  Find,  in  like  manner,  the  number  of  children 
of  school  age  residing  in  the  territory  which  is  to  be  cut  off,  and  which 
does  not  retain  the  school  property.  (3)  Find  the  amount  of  state  and 
county  school  money  remaining  in  the  treasury  of  the  undivided  district 
at  the  time  the  division  is  made  after  discharging  all  indebtedness  except 
bonded  indebtedness.  (4)  Multiply  the  residue  of  state  and  county  school 
moneys  by  the  number  of  children  residing  in  the  territory  which  is  to 
be  cut  off.  That  product,  divided  by  the  number  of  children  of  school  age 
residing  in  the  undivided  district,  gives  the  amount  of  state  and  county 
school  moneys  due  to  the  territory  which  is  to  be  cut  off. 

The  same  principle  of  division  of  property  is  to  be  followed  in  case  the 
new  district  is  formed  from  parts  of  two  or  more  districts. 

The  county  superintendent  of  public  instruction  should  make  the 
division  of  school  property  at  the  time  of  forming  a  new  school  district, 
but  his  failure  to  do  so  at  the  time  does  not  impair  the  rights  of  said 
district. 


CH.    10]  COUNTY   SUPERINTENDENT.  107 

ent  that  the  attempted  reestablishment  has  been  wrong  and 
that  a  mistake  has  been  made  in  the  reestablishment,  the  said 
superintendent  shall  have  the  same  right  to  reestablish  said 
lines  as  conferred  in  section  1  herein,  notwithstanding  the  at- 
tempted reestablishment  heretofore  made.  (Laws  1911,  ch. 
274,  sec.  2.) 

§  289.  Indebtedness  of  Depopulated  District.  [8920]  That 
when  a  school  district  having  a  floating  indebtedness,  consist- 
ing of  outstanding  school  orders,  is  now  or  shall  hereafter 
become  depopulated,  it  shall  be  the  duty  of  the  county  commis- 
sioners, on  information  furnished  by  the  county  superintend- 
ent, to  provide  for  the  payment  of  such  outstanding  indebted- 
ness by  making  a  levy  of  taxes  therefor  upon  the  property  of 
such  depopulated  district,  which  shall  be  extended  by  the 
county  clerk  on  the  tax-roll  the  same  as  other  taxes :  Provided, 
That  no  levy  shall  exceed  twenty  mills62  on  the  dollar  in  any 
one  year.  (Laws  of  1893,  ch.  135,  sec.  1.) 

§  290.  County  Treasurer  Shall  Pay  Orders.  [8921]  That 
the  county  treasurer  shall  pay  all  school  orders  mentioned  in 
the  preceding  section  out  of  any  funds  standing  to  the  credit 
of  the  school  district  on  which  said  school  orders  are  drawn : 
Provided,  That  the  county  superintendent's  order  for  the  pay- 
ment of  the  same  shall  be  attached  to  such  school  order.  (Laws 
1893,  ch.  135,  sec.  2.) 

§  291.  Depopulated  District  May  be  Disorganized.  [8922] 
That  the  county  superintendent  may,  in  his  discretion,  after 
all  indebtedness63  has  been  fully  paid  and  canceled,  declare 
such  depopulated  school  district  disorganized,  and  attach  the 
territory  belonging  thereto  to  adjoining  school  districts. 
(Laws  1893,  ch.  135,  sec.  3.) 

§  292.  When  District  Depopulated.  [8923]  The  term  "de- 
populated school  district"  as  used  in  this  act  shall  be  held  to 
mean  a  school  district  having  fewer  than  five  legal  voters 
therein  and  fewer  than  seven  persons  between  the  ages  of  five 
and  twenty-one  years;  such  fact  to  be  determined  by  the 
county  superintendent.  It  shall  be  the  duty  of  the  county  su- 
perintendent, upon  the  filing  of  a  written  request  by  the  holder 
of  an  outstanding  school  order,  to  make  an  investigation  of 
the  school  district  issuing  such  order,  and  report  to  the  board 
of  county  commissioners  the  facts  as  to  the  population  as 
aforesaid;  and  such  report  shall  be  conclusive  on  that  ques- 
tion. (Laws  1907,  ch.  322,  sec.  1.) 

§  293.  Partially  Depopulated  Districts  May  be  Disorganized. 
[8924]  That  the  superintendent  of  public  instruction  in  any 
county  is  hereby  empowered  to  disorganize  partially  depop- 
ulated school  districts  in  his  county ;  or  in  counties  where  joint 

62.  See  section  586. 

63.  Does  not  refer  to  bonded  indebtedness. 


108  COUNTY   SUPERINTENDENT.  [CH.    10 

school  districts  exist,  the  superintendent  having  jurisdiction 
over  the  major  portion  of  said  school  districts  shall  have  full 
power  to  act,  and  the  officers  in  said  county  shall  have  full' con- 
trol to  levy  tax,  and  certify  the  same  to  the  proper  officers  out 
of  said  county  having  taxable  property  in  said  joint  school 
district,  who  shall  place  the  same  on  the  tax  rolls  of  their  re- 
spective counties,  and  collect  the  same  as  other  school  tax 
levied  in  their  respective  counties,  and  when  collected  they 
shall  pay  the  same  to  the  proper  officers  of  said  county  in  which 
said  major  portion  is  located,  taking  a  receipt  therefor,  and 
the  county  treasnrer  and  county  superintendent  shall  proceed 
to  disburse  said  funds  so  collected  the  same  as  in  section  764  of 
this  act.  (Laws  1901,  ch.  307,  sec.  1.) 

§  294.  Partially  Depopulated  District  Defined.  [8925]  For 
the  purposes  of  this  act,  a  school  district  shall  be  deemed  par- 
tially depopulated  when  the  number  of  persons  resident 
thereof  over  the  age  of  five  years  and  under  the  age  of  twenty- 
one  years  shall  be  less  than  twelve.  (Laws  1907,  ch.  323, 
sec.  1.) 

§295.  Petition  for  Disorganization.  [8926]  That  such 
action  shall  not  be  taken  by  the  county  superintendent  of  any 
such  county  unless  there  shall  be  presented  to  him  a  petition 
signed  by  two-thirds  of  the  bona  fide  residents  of  such  school 
district  having  the  qualifications  of  school-district  electors, 
and  who  have  resided  continuously  for  one  year  in  said  school 
district,  requesting  such  disorganization :  Provided,  That  such 
disorganization  shall  not  be  final  until  approved  by  the  board 
of  county  commissioners  of  the  county  in  which  the  disorgan- 
ized school  district  is  situated :  And  provided  further,  That  in 
any  such  school  district  where  the  whole  number  of  district 
electors  shall  be  less  than  six,  and  the  number  of  residents  of 
such  district  over  the  age  of  five  years  and  under  the  age  of 
twenty-one  years  shall  be  less  than  five,  the  county  superin- 
tendent shall  act  without  petition,  when  so  directed  by  the 
board  of  county  commissioners  of  such  county.  (Laws  1901, 
ch.  307,  sec.  3.) 

§296.  Territory  Attached  to  Adjacent  District.  [8927] 
The  county  superintendent  may  attach  the  territory  of  any 
school  district  disorganized  under  the  provisions  of  this  act  to 
any  adjacent  school  district  or  school  districts,  but  such  attach- 
ment shall  not  become  effective  until  approved  by  the  board  of 
county  commissioners.  (Laws  1901,  ch.  307,  sec.  4.) 

§297.  Floating  Indebtedness  of  Disorganized  District. 
[8929]  That  if  any  school  district  so  disorganized  shall  at  the 
time  of  its  disorganization  have  a  floating  indebtedness  con- 
sisting of  outstanding  school  orders,  it  shall  be  the  duty  of  the 
county  commissioners  of  the  county,  on  information  furnished 

64.    See  section  298  of  this  book. 


CH.   10]  COUNTY    SUPERINTENDENT.  109 

by  the  county  superintendent,  to  provide  for  the  payment  of 
such  outstanding  indebtedness  by  making  a  leyy  of  taxes 
therefor  upon  all  the  real  and  personal  property  in  the  terri- 
tory of  the  disorganized  school  district,  which  tax  shall  be 
entered  by  the  clerk  of  the  county  on  the  tax-roll  the  same  as 
other  taxes:  Provided,  That  no  such  levy  shall  exceed  ten 
mills65  on  the  dollar  of  the  assessed  valuation  in  any  one  year. 
(Laws  1901,  ch.  307,  sec.  6.) 

NOTE — See  section  55  of  this  book  for  disposition  of  bonded  indebted- 
ness of  disorganized  school  districts. 

§  298.  Orders  Paid  by  County  Treasurer.  [8930]  That  the 
county  treasurer  shall  pay  all  school  orders  mentioned  in  the 
preceding  section  out  of  any  fund  collected  from  the  school 
taxes  created  by  the  special  levy  provided  for  in  section  6  of 
this  act:66  Provided,  That  no  such  school  order  shall  be  paid 
unless  accompanied  by  an  order  from  the  county  superintend- 
ent directing  its  payment.  (Laws  1901,  ch.  307,  sec.  7.) 

§  299.  Disposition  of  Funds.  [8931]  If  at  the  time  of  the 
disorganization  of  any  school  district  as  herein  provided  for 
such  district  shall  have  in  the  hands  of  its  treasurer  or  of 
the  county  treasurer  of  the  county  moneys  belonging  to  it,  or 
any  unpaid  taxes  levied  for  the  payment  of  its  indebtedness, 
bonded  or  floating,  such  money  shall  be  first  applied  to  its 
indebtedness,  floating  or  bonded;  and  if  any  money  remain 
thereafter,  then  such  money  shall  be  distributed  among  the 
school  districts  to  which  such  territory  shall  be  attached,  in 
such  manner  and  amount  as  shall  be  directed  by  the  county 
superintendent,  who  shall  include  in  the  order  for  the  disor- 
ganization of  such  district  an  order  for  the  distribution  of  its 
moneys  as  herein  provided.  (Laws  1901,  ch.  307,  sec.  8.) 

§  300.  Disposition  of  Property.  [8932]  The  buildings  and 
other  property  which  may  belong  to  any  school  district  which 
may  be  hereafter  disorganized  shall  be  sold  by  the  county 
superintendent  to  the  highest  bidder  for  cash  in  hand,  after 
having  given  thirty  days'  public  notice  thereof  by  publication 
in  a  newspaper  published  in  said  county  and  by  posting  not 
less  than  five  written  or  printed  notices  in  conspicuous  places 
in  said  district.  The  proceeds  of  said  sale  shall  be  deposited 
with  the  county  treasurer  of  said  county  and  shall  be  applied 
to  the  payment  of  debts  of  said  school  district,  giving  the 
preference  to  floating  debts,  if  there  be  any.  If  there  be  no 
debts,  or  if  there  be  any  proceeds  left  after  the  payment  of 
debts,  said  proceeds  shall  be  turned  into  the  county  school 
fund  for  the  use  and  benefit  of  the  school  district  to  which  said 
disorganized  territory  is  attached :  Provided,  That  the  school 
district  to  which  said  territory  is  attached  may  bid  for  and 

65.  See  section  586. 

66.  Section  297  of  this  book. 


110  COUNTY   SUPERINTENDENT.  [CH.   10 

purchase  said  property  and  pay  for  same  out  of  general  fund. 
(Laws  1901,  ch.  307,  sec.  9.) 

§  301.  Territory  Not  Liable  for  Debts.  [8933]  The  terri- 
tory of  any  school  district  so  disorganized  shall  not  be  liable 
for  any  debt,  floating  or  bonded,  or  any  contract  of  any  district 
to  which  it  may  be  attached  existing  at  the  time  of  such  attach- 
ment. (Laws  1901,  ch.  307,  sec.  10.) 

§  302.  Annexation  of  School  Districts.  Whenever  any 
school  district  shall  fail  or  neglect  to  maintain  a  school  for  at 
least  seven  months  in  each  year  for  a  period  of  three  successive 
years,  such  school  district  shall  be  disorganized  by  the  county 
superintendent  of  public  instruction  and  the  territory  thereof 
shall  be  attached  to  adjoining  districts :  Provided,  That  this  act 
shall  not  apply  to  any  school  district  which  shall  have  made 
provision  according  to  law  for  sending  its  pupils  to  other 
schools  and  for  the  payment  of  transportation  and  tuition, 
unless  such  district  shall  be  adjacent  to  a  school  district  in- 
cluding a  city  of  the  third  class.  Whenever  any  school  district 
adjacent  to  a  district  including  a  city  of  the  third  class,  which 
city  is  located  in  a  county  having  a  population  of  not  more  than 
7000,  shall  fail  or  neglect  to  maintain  a  school  for  at  least  seven 
months  in  each  year  for  a  period  of  three  consecutive  years, 
said  adjacent  district  shall  be  disorganized  by  the  county  su- 
perintendent of  public  instruction  and  the  territory  thereof 
shall  be  attached  to  the  district  including  said  city  of  the  third 
class.  (Laws  1917,  ch.  275,  sec.  1.) 

§  303.  Floating  Indebtedness  of  Districts  Annexed.  If  any 
school  district  disorganized  as  provided  in  this  act  shall,  at  the 
time  of  its  disorganization,  have  a  floating  indebtedness  con- 
sisting of  outstanding  school  orders,  it  shall  be  the  duty  of  the 
county  commissioners,  on  information  furnished  by  the  county 
superintendent  of  public  instruction,  to  provide  for  the  pay- 
ment of  such  outstanding  indebtedness  by  making  a  levy  of 
taxes  therefor  upon  the  taxable  property  in  the  territory  of 
such  district,  which  tax  levy  shall  be  entered  by  the  county 
clerk  on  the  tax  roll  the  same  as  other  taxes :  Provided,  That 
no  such  levy  shall  exceed  four  and  one-half  mills  in  any  one 
year.  The  county  treasurer  shall  pay  all  school  orders  herein 
mentioned  out  of  any  funds  standing  to  the  credit  of  the  school 
district  or  collected  from  the  tax  created  by  the  special  levy 
herein  provided  for :  Provided,  That  no  such  school  order  shall 
be  paid  unless  accompanied  by  an  order  from  the  county  super- 
intendent of  public  instruction  directing  its  payment.  (Laws 
1917,  ch.  275,  sec.  2.) 

§  304.  Property  and  Bonded  Indebtedness  of  Annexed  Dis- 
tricts. Any  money,  unpaid  taxes,  buildings,  or  other  property 
which  may  belong  to  any  school  district  which  may  be  dis- 
organized as  provided  in  this  act  shall  be  applied  as  provided 
in  sections  8931  and  8932  of  the  General  Statutes  of  1915;  and 


CH.    10]  COUNTY   SUPERINTENDENT.  Ill 

any  bonded  indebtedness  existing  at  the  time  of  the  disorgani- 
zation of  such  district  shall  be  paid  as  provided  in  section  8928 
of  the  General  Statutes  of  1915.  (Laws  1917,  ch.  275,  sec.  3.) 

§305.  Other  Duties;  Deputy.  [8893]  He  shall  discharge 
such  other  duties  as  may  be  prescribed  by  law,  and  in  case  of 
sickness  or  temporary  absence  he  may  employ  a  deputy.  He 
shall  deliver  to  his  successor,  within  ten  days  after  the  expira- 
tion of  his  term  of  office,  all  books  and  papers  appertaining  to 
his  office.  (Laws  1881,  ch.  152,  sec.  14.) 

§  306.  Neglect  or  Refusal  to  Perform  Duty.  [8894]  Every 
county  superintendent  who  shall  neglect  or  refuse  to  perform 
any  act  which  it  is  his  duty  to  perform,  or  shall  corruptly  or 
oppressively  perform  any  such  duty,  he  shall  forfeit  his  office, 
and  shall  be  liable  on  his  official  bond  for  all  damages  oc- 
casioned thereby,  to  be  recovered  in  the  name  of  the  state  for 
the  benefit  of  the  proper  party,  district,  or  county.  (Laws 
1881,  ch.  152,  sec.  15.) 

§  307.  Agent  of  State  Orphans'  Home.67  [9697]  The  su- 
perintendents of  public  instruction  in  the  several  counties  of 
the  state  are  hereby  designated  as  the  agents  of  the  Soldiers'08 
Orphans'  Home  in  their  respective  counties.  It  shall  be  the 
duty  of  said  agents  to  visit  the  children  who  are  placed  in 
homes  in  their  respective  counties  twice  each  year,  and  at  such 
other  times  as  the  superintendent  of  the  home  may  request; 
and  they  shall  make  written  reports  of  the  condition  of  each 
child  visited,  upon  blanks  to  be  provided  by  the  board  of  trus- 
tees for  that  purpose,  and  forward  the  same  to  the  superin- 
tendent of  the  home,  who  shall  record  and  file  the  same  in  a 
proper  manner.  Said  agents  shall  receive,  as  full  compensa- 
tion for  the  services  performed  under  the  provisions  of  this  act, 
their  actual  necessary  official  expenses,  together  with  the  sum 
of  three  dollars,  in  full  for  all  services  and  report  of  each  case 
visited,  but  not  exceeding  three  dollars  for  any  day's  services. 
All  accounts  for  such  services  shall  be  rendered  to  the  super- 
intendent of  said  home,  and  shall  be  verified,  audited  and  paid 
in  the  same  manner  as  other  accounts  against  said  home  are 
paid.  (Laws  1889,  ch.  236,  sec.  6.) 

§  308.  Trespassers  on  School  Lands.  [9224]  It  shall  be  the 
duty  of  the  county  superintendent  of  public  instruction,  the 
district  directors,  clerks  and  treasurers,  and  all  sheriffs  and 
constables,  to  take  notice  of  all  trespasses  committed  on  school 
lands  in  their  respective  counties,  and  immediately  file  a  com- 
plaint against  any  person  violating  this  act,  before  the  proper 
authorities.  (  Laws  1876,  ch.  122,  art.  14,  sec.  30.) 

67.  This  section  is  probably  repealed  by  implication  by  the  following 
laws:    Sections  44,  45  and  46,  chapter  353,  Laws  of  1901;  section  6,  chap- 
ter 482,  Laws  of  1903;  section  13,  chapter  475,  Laws  of  1905. 

68.  The  name  was  changed  to  "State  Orphans'  Home"  in  1909. 


112 


SCHOOL   DISTRICTS. 


[CH.    11 


CHAPTER  XL—Districts. 

ARTICLE  I.— School  District. 


§328.  County   superintendent   to   provide    a  | 
school,  when;  penalty. 

329.  Restrictions  on  the  formation  of  m  \v    . 

districts. 

330.  Appropriation  for  state. 

331.  Auditor  to  draw  warrants. 

332.  School    discontinued;    pupils    sent    te    f 

adjacent  districts;  compensation. 

333.  District  board  may  provide  transpor     > 

tation. 

334.  District    may    send    pupils    to    other 

schools;  expenses. 

335.  May    send    children   to  more   conven 

ient    school;    privilege    of   property 
owner. 

336.  Chansre  of  site. 

337.  Appraisement. 

338.  Site  condemned. 

339.  Schoolhouse  site  acquired  from  school 

lands. 

340.  Territory  annexed  to  city 

341.  Distribution  of  property. 

342.  Appeal. 


$309.  When  organized. 

310.  Body  corporate. 

311.  Formation  of  joint  districts. 

312.  Name  of  joint  district;   alteration  of 

boundaries. 

313.  Appeal  to  state  superintendent. 

314.  Joint-district  fund. 

315.  Annual  and  special  meetings. 

316.  Business  of   annual  meeting  at  spe- 

cial meeting. 

317.  Notice  of  meetings. 
338.   Qualified  voters. 

319.  Challenge. 

320.  Powers  of  district  meeting. 

321.  Limitation  of  levy. 

322.  School  term. 

323.  Minimum  term. 

324.  State  and  county  aid. 

325.  Duties  of  county  superintendent  and 

county  commissioners. 

326.  Duties     of     county     superintendent, 

state     superintendent     and     state 
treasurer. 
;-!27.   Amount  apportioned  to  each  district. 

§  309.  When  Organized.  [8899]  Every  school  district  shall 
be  deemed  duly  organized  when  the  officers  constituting 
the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superin- 
tendent in  writing,  which  the  superintendent  shall  file  in  his 
office.69  (Laws  1876,  ch.  122,  art.  3,  sec.  1.) 

§  310.  Body  Corporate.  [8900]  Every  school  district  or- 
ganized in  pursuance  of  this  act  shall  be  a  body  corporate,  and 
shall  possess  the  usual  powers  of  a  corporation  for  public  pur- 
poses, by  the  name  and  style  of  school  district  No.  — ,  (such 
a  number  as  may  be  designated  by  the  county  superintendent) , 

county,  (the  name  of  the  county  in  which  the  district 

is  situated),  state  of  Kansas,  and  in  that  name  may  sue  and 
be  sued,  and  be  capable  of  contracting  and  being  contracted 
with,  and  holding  such  real  and  personal  estate  as  it  may  come 
into  possession  of  by  will  or  otherwise,  or  as  is  authorized 
to  be  purchased  by  the  provisions  of  this  act.  (Laws  1876, 
ch.  122,  art.  3,  sec,  2.) 

§  311.  Formation  of  Joint  Districts.  [8901]  When  it  shall 
become  necessary  to  form  a  school  district  lying  partly  in  two 
or  more  counties,  the  county  superintendents  of  the  counties 
in  which  the  said  tract  of  country  shall  be  situated,  when  ap- 
plication shall  be  made  in  writing  to  any  one  of  them  by 
five  householders,  residents  therein,  shall,  if  by  them  deemed 
necessary,  meet  and  proceed  to  lay  off  and  form  the  same  into 
a  school  district,  issue  notices  for  the  first  district  meeting,  and 

69.  Officers  elected  at  the  first  district  meeting  hold  office  only  until 
the  next  annual  meeting. 


CH.    11]  SCHOOL  DISTRICTS.  113 

shall  file  the  proper  papers  in  their  respective  offices :  Provided, 
That  whenever  a  resident  of  a  school  district  desires  his  prop- 
erty attached  to  an  adjacent  district  situated  in  another  county, 
he  may  make  application  to  the  county  superintendent  of  the 
county  in  which  he  lives  and  the  county  superintendent  of  the 
county  in  which  such  adjacent  district  is  located  to  have  his 
property  attached  to  such  adjacent  district  for  school  purposes, 
and  such  county  superintendents,  if  by  them  deemed  necessary 
and  for  the  best  interests  of  the  applicant,  shall  attach  the 
property  of  said  applicant  to  the  adjacent  district:  Provided, 
further,  That  no  property  shall  be  attached  to  an  adjacent  dis- 
trict situated  in  another  county  until  notice  has  been  given  of 
an  intention  so  to  do  and  a  hearing  had  as  to  the  necessity 
or  advisability  of  attaching  such  territory  to  the  adjacent  dis- 
trict. (Laws  1915,  ch.  303,  sec.  1.) 

§312.  Name  of  Joint  District;  Alteration  of  Boundaries. 
[8902]  Such  district  so  organized  or  having  had  adjacent 
territory  in  another  county  attached  thereto  shall  be  designated 

as  joint  district  number counties  of ,  and  the 

boundaries  of  such  district  shall  not  be  altered  except  by  the 
joint  action  of  the  superintendents  of  the  several  counties 
represented  in  said  district.  (Laws  1915,  ch.  303,  sec.  2.) 

§  313.  Appeal  to  State  Superintendent.  [8903]  That  if  in 
the  alteration  of  or  refusal  to  alter  the  boundaries  of  any 
joint  school  district  or  in  the  attaching  or  refusal  to  attach 
to  a  school  district  adjacent  territory  situated  in  another 
county,  any  person  or  persons  shall  feel  aggrieved,  such  person 
or  persons  may  appeal  to  the  state  superintendent  of  public  in- 
struction, and  notice  of  such  appeal  shall  be  served  on  the 
superintendents  of  the  several  counties  represented  in  said 
district  within  twenty  days  after  the  rendition  by  them  of  the 
decision  appealed  from,  which  notice  shall  be  in  writing,  and 
shall  state  fully  the  objections  to  the  action  of  the  county 
superintendent,  and  a  copy  thereof  shall  be  filed  with  the  state 
superintendent  of  public  instruction;  and  it  shall  be  the  duty 
of  the  county  superintendent  in  whose  possession  are  the 
papers  connected  with  the  action  appealed  from  to  transmit 
the  same  to  the  state  superintendent  of  public  instruction 
immediately  upon  being  served  with  notice  of  appeal  as  herein- 
before presented;  and  thereupon  the  state  superintendent  of 
public  instruction  shall  fix  a  time  for  the  hearing  of  said  ap- 
peal, and  notify  the  several  county  superintendents  interested, 
and  the  appellants,  thereof;  and  his  decision  on  said  appeal 
shall  be  final,  and  shall  be  by  him  certified  to  the  several 
county  superintendents  interested,  and  they  shall  take  action 
in  accordance  therewith:  And  provided  further,  That  each 
joint  district,  except  in  matters  relating  to  the  alteration  of  the 
boundaries  thereof  shall  be  under  the  jurisdiction  and  con- 


114  SCHOOL  DISTRICTS.  [CH.    11 

trol  of  the  superintendent  of  that  one  of  the  counties  repre- 
sented in  such  district  which  has  the  largest  amount  of  terri-'' 
tory  embraced  within  the  boundaries  of  such  joint  district. 
(Laws  1915,  ch.  303,  sec.  3.) 

§314.  Joint-district  Fund.  [8904]  Whenever  it  shall 
appear  that  any  school  district  in  this  state  lies  or  is  in  two 
or  more  counties  it  shall  be  the  duty  of  the  treasurer  of  the 
county  or  counties  having  the  smaller  amount  of  territory  in 
said  district  to  transfer  to  the  treasurer  of  the  county  having 
the  greater  amount  of  territory  of  said  district,  before  the  10th 
day  of  January,  1st  day  of  July  and  20th  day  of  September 
of  each  year,  all  moneys  in  his  hands  belonging  to  said  dis- 
trict, including  all  moneys  for  the  payment  of  bonds  or  inter- 
est on  bonds  of  said  district;  and  the  treasurer  receiving  said 
money  shall  issue  therefor  and  forward  to  the  treasurer  so 
sending  the  money  receipts  in  triplicate,  one  of  which  said 
treasurer  shall  file  with  the  county  clerk  of  the  county,  and 
the  board  of  county  commissioners  thereof  shall  give  said 
treasurer  proper  credit  therefor.  One  of  said  receipts  shall  be 
sent  to  the  county  clerk  of  the  county  to  which  the  money  was 
sent,  who  shall  charge  the  county  treasurer  with  the  amount 
thereof.  (Laws  1889,  ch.  226,  sec.  1.) 

§  315.  Annual  and  Special  Meetings.  [8907]  That  an  an- 
nual school  meeting  of  each  school  district,  of  each  consolidated 
school  district,  of  each  union  or  graded  school  district,  and  of 
each  school  district  for  which  the  date  of  the  annual  meeting 
has  been  fixed  by  a  special  act  of  the  legislature,  shall  be  held 
on  the  second  Friday  in  April  in  each  year,  at  two  o'clock  p.  m. 
Notice  of  the  time  and  place  of  said  annual  meeting  shall  be 
given  by  the  clerk  by  posting  written  or  printed  notices  in 
three  public  places  within  the  district  at  least  ten  days  before 
said  meeting.70  Special  meetings  may  be  called  by  the  district 
board  or  upon  a  petition  signed  by  ten  legal  voters  of  the  dis- 
trict, but  notice  of  such  special  meeting,  stating  the  purpose 
for  which  it  is  called,  shall  be  posted  in  at  least  three  public 
places  within  such  district  ten  days  previous  to  the  time  of  such 
meeting :  Provided,  That  the  annual  school  meeting  for  union 
or  graded  school  districts  comprising  the  territory  of  two  or 
more  school  districts  shall  be  held  at  two  o'clock  p.  m.  on  the 
Thursday  immediately  preceding  the  second  Friday  in  April 
in  each  year.  (Laws  1911,  ch.  283,  sec.  1.) 

§  316.  Business  of  Annual  Meeting  at  Special  Meeting. 
[8909]  Whenever  the  time  for  holding  an  annual  meeting  in 
any  district  shall  pass  without  said  meeting  being  held,  the 
clerk,  or,  in  his  absence,  any  other  member  of  the  district 
board,  within  twenty  days  after  the  time  for  holding  said 

70.  A  failure  on  the  part  of  the  district  clerk  to  post  the  notices  of  the 
time  and  place  of  the  annual  meeting  will  not  invalidate  the  proceedings 
of  said  meeting. 


CH.    11]  SCHOOL  DISTRICTS.  115 

annual  meeting  shall  have  passed,  may  give  notice  of  a  special 
meeting,  by  putting  up  written  notices71  thereof  in  three  public 
places  within  the  district,  at  least  five  days  previous  to  the 
time  of  meeting;  but  if  such  meeting  shall  not  be  notified 
within  twenty  days  as  aforesaid,  the  county  superintendent 
may  give  notice  of  such  meeting  in  the  manner  provided  for 
forming  new  districts ;  and  the  officers  chosen  at  such  special 
meeting  shall  hold  their  offices  until  the  n.ext  annual  meeting, 
and  until  their  successors  are  elected  and  qualified.  (Laws 
1876,  ch.  122,  art.  3,  sec.  7.) 

§  317.  Notice  of  Meetings.  [8910]  It  shall  be  the  duty  of 
the  clerk  to  give  at  least  ten  days'  notice  previous  to  any 
annual  or  special  district  meeting,  by  posting  up  notices  thereof 
at  three  or  more  public  places  in  the  district,  one  of  which 
notices  shall  be  affixed  to  the  outer  door  of  the  schoolhouse, 
if  there  be  one  in  the  district,  and  said  clerk  shall  give  the 
like  notice  of  every  adjourned  meeting,  when  such  meeting 
shall  have  been  adjourned  for  a  longer  period  than  one  month. 
Every  notice  for  a  special  district  meeting  shall  specify  the 
objects  for  which  such  meeting  is  called,  and  no  business  shall 
be  acted  upon  at  any  special  meeting  not  specified  in  said 
notice.  (Laws  1876,  ch.  122,  art.  3,  sec.  8.) 

§318.  Qualified  Voters.  [8911]  The  following  persons 
shall  be  entitled  to  vote  at  any  district  meeting:  (1)  All  per- 
sons possessing  the  qualifications  of  electors  as  defined  by  the 
constitution  of  the  state,  and  who  shall  have  been  in  good  faith 
residents  of  the  district  for  thirty72  days  next  prior  to  the 
time  of  offering  to  vote  at  said  election.  (2)  All  female  per- 
sons over  the  age  of  twenty-one  years,  not  subject  to  the  dis- 
qualifications named  in  section  2,73  article  5,  of  the  constitu- 
tion of  the  state,  and  who  shall  be  residents  in  good  faith  in 
the  district  for  thirty  days  next  prior  to  the  time  of  offering 
to  vote  at  said  election.74  (Laws  1889,  ch.  123,  sec.  1.) 

§319.  Challenge.  [8912]  If  any  person  offering  to  vote  at 
a  school-district  meeting  shall  be  challenged  as  unqualified 
by  any  legal  voter,  the  chairman  presiding  shall  declare  to  the 
person  challenged  the  qualifications  of  a  voter,  and  if  such 

71.  Notices  of  special  meetings  must  be  posted  as  required  by  law. 
A  failure  to  so  post  them  will  invalidate  the  action  of  the  meeting. 

72.  Voters  who  have  come  into  a  district  by  reason  of  attachment  of 
territory  to  said  district,  by  disorganization  of  said  voters'  original  dis- 
trict by  any  legal  process,  retain  all  rights  of  suffrage  at  school  elections 
and  meetings,  regardless  of  the  thirty-day  restriction. 

73.  See  section  196,  General  Statutes  of  1915. 

74.  Naturalization.     A  woman  of  foreign  birth  who  is  the  wife  of  a 
naturalized  foreigner,  but  who  has  not  herself  taken  out  naturalization 
papers,  is  entitled  to  vote  at  any  school-district  meeting,  provided  she 
possesses  the  other  necessary  qualifications.     The  naturalization  of  the 
husband  naturalizes  the  wife  and  all  children  who  are  under  the  age  of 
twenty-one  years. 


116  SCHOOL  DISTRICTS.  [CH.    11 

challenge  be  not  withdrawn,  the  chairman,  who  is  hereby  au- 
thorized, shall  tender  to  the  person  offering  to  vote  the  follow- 
ing oath  or  affirmation :  ''You  do  solemnly  swear  (or  affirm) 
that  you  are  an  actual  resident  of  this  school  district,  and  that 
you  are  qualified  by  law  to  vote  at  this  meeting."  Any  person 
taking  such  oath  or  affirmation  shall  be  entitled  to  vote  on  all 
questions  voted  upon  at  such  meeting.  (Laws  1876,  ch.  122, 
art.  3,  sec.  10.) 

§  320.  Powers  of  District  Meeting.  [8913]  The  inhabitants 
qualified  to  vote  at  a  school  meeting  lawfully  assembled  shall 
have  power:  First,  to  appoint  a  chairman  to  preside  over 
said  meeting  in  the  absence  of  the  director;  second,  to  adjourn 
from  time  to  time  ;75  third,  to  choose  a  director,  clerk  and  treas- 
urer, who  shall  possess  the  qualifications  of  voters ;  fourth,  t© 
designate  by  vote  a  site  for  a  district  schoolhouse ;  fifth,  to  vote 
a  sum  annually,  not  exceeding  the  limit  fixed  by  law,76  as  the 
meeting  shall  deem  sufficient,  for  the  various  school  purposes77 
and  for  the  payment  of  any  floating  indebtedness  of  the  dis- 
trict, and  distribute  the  amount  as  the  meeting  shall  deem 
proper  in  the  payment  of  teachers'  wages  and  to  purchase  or 
lease  a  site  (provided,  when  not  included  within  the  limits  of  a 
town  or  village,  said  site  shall  not  contain  less  than  one  acre) , 
and  to  build,  hire  or  purchase  such  schoolhouse,78  and  to  keep  in 
repair  and  furnish  the  same  with  the  necessary  fuel  and  ap- 
pendages, and  to  pay  any  floating  indebtedness  of  the  school 
district;  sixth,  to  authorize  and  direct  the  sale  of  any  school- 
house,  site  or  other  property  belonging  to  the  district  when  the 
same  shall  no  longer  be  needful  for  the  use  of  the  district; 
seventh,  to  give  such  direction  and  make  such  provision  as  may 
be  deemed  necessary  in  relation  to  prosecution  or  defense  of 
any  suit  or  proceedings  in  which  the  district  may  be  a  party. 
(Laws  1909,  ch.  214,  sec.  1.) 

§  321.  Limitation  of  Levy.  That  section  11382  of  the  Gen- 
eral Statutes  of  Kansas  for  1915  be  and  the  same  is  hereby 
amended  to  read  as  follows :  Sec.  11382.  The  authority  of  the 
qualified  voters  of  any  school  district  at  the  annual  meeting, 
as  provided,  to  vote  a  tax  for  general  school  purposes  is  hereby 

75.  Adjournment.     A  district  meeting  has  the  right  to  adjourn  frona 
time  to  time,  and  if  an  adjournment  is  taken  to  a  particular  time,  any 
business  can  be  transacted  at  this  adjourned  session  that  might  have  been 
transacted  at  the  regular  meeting.     No  additional  notice  is  necessary, 
unless  the  meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.     (See  section  317  of  this  book.) 

76.  Limited  to  six  and  three-fourths  mills,  Laws  1920,  ch.  52,  sec.  1  (see 
sections  324,  327  and  391  of  this  book).     For  means  of  increasing  this 
amount,  see  Laws  1909,  ch.  245,  sec.  27  (section  588  of  this  book).     Th» 
levy  must  be  made  in  money  and  not  in  mills. 

77.  More  than  one  school  may  be  established  within  a  school  district. 

78.  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district 
library.     (See  section  595  of  this  book.) 


CH.    11]  SCHOOL  DISTRICTS.  117 

limited  to  the  extent  that  no  tax  shall  be  voted  for  such  purpose 
at  any  such  meeting  which  shall  be  in  excess  of  six  and  three- 
fourths  mills  upon  the  dollar  of  all  the  taxable  property  of  any 
such  school  district:79  Provided,  That  any  school  district  in 
which  is  located  a  city  of  the  third  class  and  which  maintains 
an  accredited  high  school  may  vote  a  tax  which  shall  not  be  in 
excess  of  nine  mills  upon  the  dollar  of  the  taxable  property  of 
said  district.  (Laws  1920,  ch.  52,  sec.  1.) 

§  322.  School  Term.  [8914]  The  qualified  voters  at  each 
annual  meeting,  or  any  special  meeting  duly  called,  may  de- 
termine the  length  of  time  a  school  shall  be  taught  in  their 
district  for  the  ensuing  year,  which  shall  not  be  less  than  three 
months,  an'd  whether  the  school  money  to  which  the  district 
may  be  entitled  shall  be  applied  to  the  support  of  the  summer 
or  winter  term  of  school  or  a  certain  portion  of  each;  but  if 
such  matters  shall  not  be  determined  at  the  annual  or  any 
special  meeting,  it  shall  be  the  duty  of  the  district  board  to 
determine  the  same.80  (Laws  1903,  ch.  436,  sec.  1.) 

§  323.  Minimum  Term.  [9427]  That  all  school  districts  in 
which  provision  is  not  made  for  the  free  tuition  and  comfort- 
able transportation  of  all  pupils  to  a  public  school  in  some 
other  school  district  or  districts  for  not  less  than  seven 
months81  each  school  year  shall  maintain  a  public  school  for  a 
period  of  not  less  than  seven  months  between  the  1st  day  of 
September  and  the  1st  day  of  the  following  June.  Cities  of  the 
first  and  second  class  shall  maintain  not  less  than  eight  months 
of  school  each  school  year.  (Laws  1911,  ch.  268,  sec.  1.) 

§324.  State  and  County  Aid.  [9428]  That  for  the  purpose 
of  providing  at  least  seven  months  of  school  each  year  for 
all  the  youth  of  this  state,  whose  parents  or  guardians  live  in 
public-school  districts  the  funds  of  which  are  not  sufficient  to 
maintain  school  for  seven  months,  there  shall  be  paid  to  each 
such  district  by  the  state,  as  hereinafter  provided,  three- 
fourths  of  the  difference  between  the  amount  necessary  to 
maintain  seven  months'  school  and  the  annual  income  of  the 
district  from  all  sources,  and  the  remaining  deficiency  to  the 
amount  of  one-fourth  shall  be  a  proper  charge  upon  the  county 
and  paid  as  other  county  expenditures :  Provided,  That  no  aid 
shall  be  given  any  public-school  district  unless  said  district 
shall  have  voted  an  amount  of  money  representing  not  less  than 
four  and  one-half  mills  of  the  assessed  valuation  of  such  dis- 

79.  The  levy  may  be  increased  as  provided  in  section  588  of  this  book. 

80.  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power 
to  determine  who  shall  or  who  shall  not  be  employed  as  teacher,  or  the 
compensation  such  teacher  shall  receive.    These  are  questions  to  be  deter- 
mined by  the  district  board. 

81.  By  specifying  seven  months  as  the  minimum  school  year,  section 
323  nullifies  the  power  of  the  annual  meeting  to  vote  for  less  than  seven 
months  as  given  in  section  322. 


118  SCHOOL  DISTRICTS.  [CH.    1!' 

trict:  And  provided  further,  That  all  districts  receiving  aid 
under  the  provisions  of  this  act  shall  follow  the  course  of  stud^i 
as  prescribed  by  the  State  Board  of  Education  and  shall  emj 
ploy  a  qualified  teacher  recommended  by  the  county  superin^ 
tendent.  (Laws  1911,  ch.  268,  sec.  2.) 

§  325.  Duties  of  County  Superintendent  and  County  Coin-! 
missioners.  [9429]  That  it  shall  be  the  duty  of  the  superin- 
tendent of  each  county  within  the  state  on  or  before  August 
1st  of  each  year,  under  oath,  to  certify  to  the  county  clerk  ai) 
estimated  amount  that  will  be  due  the  several  school  districts 
under  the  provisions  of  this  act  from  the  county  (and  it  shall! 
then  be  the  duty  of  the  commissioners  to  provide  a  levy  suffi- 
cient to  raise  the  amount  required  for  the  current  school 
year)  :  Provided,  That  such  estimate  shall  include  a  statement 
as  to  each  district  concerned  as  to  valuation,  area,  school  cen-j 
sus  and  proposed  total  expenditures  for  teacher  and  incidental 
expenses.  (Laws  1911,  ch.  268,  sec.  3.) 

§  326.  Duties  of  County  Superintendent,  State  Superintend- 
ent and  State  Treasurer.  [9430]  That  it  shall  be  the  duty  of 
the  superintendent  of  each  county  within  the  state,  on  or 
before  the  second  Monday  in  January  of  each  year,  under 
oath,  to  certify  to  the  county  treasurer  the  total  amount  due 
each  district  from  the  state  and  from  the  county,  and  also  to 
certify  to  the  state  superintendent  of  public  instruction  the 
number  of  each  school  district  in  his  county  entitled  to  state 
and  county  aid  under  the  provisions  of  this  act,  the  tax  levy  for 
each,  the  expenditures  of  each,  the  amount  due  each  from  the 
state,  the  area,  the  school  census,  and  such  other  items  as  the 
state  superintendent  may  require.  It  shall  be  the  duty  of  the 
state  superintendent,  on  or  before  the  last  Monday  in  March 
of  each  year,  to  certify  the  amount  of  state  aid  due  the  several 
districts  under  the  provisions  of  this  act  to  the  several  county 
treasurers,  and  the  amount  due  each  county  to  the  state  auditor, 
and  the  state  auditor  shall  draw  warrants  on  the  state  treas- 
urer in  favor  of  the  various  counties  for  the  sums  specified  by 
the  state  superintendent.  The  state  treasurer  shall  remit  said 
amount  to  the  county  treasurers  of  the  several  counties  entitled 
to  the  same,  who  shall  place  the  amounts  to  the  credit  of  the 
proper  districts  of  their  respective  counties  in  accordance  with 
the  instruction  of  the  state  superintendent  and  as  certified  by 
the  county  superintendent:  Provided,  That  at  the  same  time 
the  several  amounts  due  from  the  county  to  said  districts  shall 
be  placed  to  the  credit  of  such  districts.  (Laws  1911,  ch.  268, 
sec.  4.) 

§  327.  Amount  Apportioned  to  Each  District.  That  section 
9431  of  the  General  Statutes  of  Kansas  for  1915  be  amended 
to  read  as  follows :  Sec.  9431.  That  to  determine  the  amount 
to  be  apportioned  to  each  district  the  county  superintendents 
shall  find  the  estimated  expenditures  of  the  district  for  the 


CH.    11]  SCHOOL   DISTRICTS.  119 

current  year  and  subtract  therefrom  the  estimated  income  of 
that  district  from  all  sources  for  the  current  year.  The  esti- 
mated income  for  the  current  year  shall  be  the  sum  of  all 
moneys  belonging  to  the  district  on  hand  in  the  district  and 
county  treasuries,  plus  the  amount  which  a  levy  of  a  four  and 
one-half  mills  tax  upon  the  assessed  value  of  the  district  will 
raise,  plus  the  estimated  apportionment  of  state  and  county 
funds,  as  now  provided  by  law.  The  estimated  expenditures 
for  the  current  year  shall  be  the  amount  necessary  to  provide 
for  a  teacher,  fuel  and  incidentals,  and  to  maintain  school  for 
seven  months;  and  shall  not  exceed  the  sum  of  six  hundred 
dollars  for  any  one  year  to  schools  receiving  such  state  and 
county  aid.  (Laws  1919,  ch.  273,  sec.  1.) 

§  328.  County  Superintendent  to  Provide  a  School,  When; 
Penalty.  [9432]  That  upon  the  failure  of  any  school  district 
to  carry  out  the  provisions  of  section  1  of  this  act  the  county 
superintendent  shall  make  the  required  tax  levy  and  certify 
the  same  to  the  county  clerk  and  proceed  to  carry  out  said 
provisions;  and  after  September  1,  the  school  district  neglect- 
ing to  act,  he  shall  employ  a  teacher  and  make  all  neces- 
sary provisions  for  a  seven  months'  term  of  school,  and  the 
district  treasurer  shall  pay  such  itemized  expenses  as  are  cer- 
tified to  by  the  county  superintendent.  The  county  superin- 
tendent shall  be  liable  under  section  7395  of  the  General  Stat- 
utes of  1909  for  neglect  or  refusal  to  perform  his  duties  as 
provided  in  this  act.  (Laws  1911,  ch.  268,  sec.  6.) 

§  329.  Restrictions  on  the  Formation  of  New  Districts. 
[9433]  That  new  districts  shall  not  be  formed  with  an  assessed 
valuation  of  less  than  $100,000,  and  territory  shall  not  be  de- 
tached from  any  school  district  the  assessed  valuation  of  prop- 
erty of  which  is  less  than  $100,000,  or  the  valuation  of  prop- 
erty of  which  would  thereby  be  reduced  below  $100,000. 
(Laws  1911,  ch.  268,  sec.  7.) 

§  330.  Appropriation  for  State  Aid  to  Rural  Schools.  That 
for  the  purpose  of  carrying  out  the  provisions  of  chapter  268, 
Session  Laws  of  1911,  providing  for  state  aid  for  certain 
school  districts,  there  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  the  sum  of 
twenty  thousand  dollars  ($20,000)  for  the  fiscal  year  ending 
June  30,  1920,  and  the  sum  of  twenty  thousand  dollars  ($20,- 
000)  for  the  fiscal  year  ending  June  30,  1921 :  Provided,  That 
if  the  amount  so  appropriated  is  not  sufficient  to  pay  the  full 
sum  to  which  each  district  is  entitled  under  the  provisions  of 
said  chapter  268,  Session  Laws  of  1911,  that  it  shall  be  divided 
pro  rata  among  the  several  districts  in  proportion,  for  the 
amount  asked  for  by  the  county  superintendent:  Provided 
further,  That  the  one-fourth  to  be  paid  by  the  county,  if  in- 
sufficient, be  prorated  among  the  districts  entitled  to  such  aid. 
(Laws  1919,  ch.  54,  sec.  1.) 


120  SCHOOL   DISTRICTS.  [CH.    11 

§  331.  Auditor  to  Draw  Warrants.  The  auditor  of  state  is' 
hereby  authorized  to  draw  his  warrants  upon  the  treasurer! 
of  state  for  the  purposes  of  carrying  out  the  provisions  of/ 
chapter  268,  Session  Laws  of  1911,  and  in  accordance  with  thej 
provisions  thereof.  (Laws  1919,  ch.  54,  sec.  2.) 

§332.    School  Discontinued;  Pupils  Sent  to  Adjacent  Dis- 
tricts; Compensation.    [9434]    That  the  provisions  of  this  act; 
shall  not  apply  to  districts  having  an  enumeration  of  less  than! 
fifteen  children  of  school  age,  unless  said  districts  embrace  an 
area  of  twelve  square  miles  or  more :  Provided,  That  whenever 
the  number  of  children  of  school  age  in  any  school  district, 
having  an  area  of  less  than  twelve  square  miles  shall  be  found! 
to  be  less  than  fifteen  by  the  annual  school  census  no  school! 
shall  be  maintained  in  such  school  district  during  the  following ; 
year  (unless  such  a  district  by  reason  of  its  valuation  is  able  to 
maintain  a  seven  months'  school  without  state  or  county  aid), 
and  the  district  board  of  such  district  shall  make  provision  for 
sending,  for  a  period  of  not  less  than  seven  months,  the  pupils 
of  such  school  district  to  such  school  or  schools  in  an  adjacent 
district  or  districts  as  said  district  board  may  determine :  Pro- 
vided, That  there  is  a  school  in  an  adjacent  district  to  which 
said  district  may  send  the  pupils.    As  full  compensation  for  the 
tuition  of  said  pupils  the  treasurer  of  the  district  from  which 
said  pupils  are  sent  shall  pay,  in  the  manner  prescribed  by  law, 
to  the  treasurer  of  the  district  or  to  the  board  of  education  of 
the  school  to  which  said  pupils  are  sent  an  amount  not  to  ex- 
ceed the  average  cost  per  pupil  per  week  for  maintaining  the 
school,  exclusive  of  school  buildings,  school  site  and  permanent 
improvements :  Provided  further,  That  the  district  board  of  the 
district  in  which  school  is  discontinued  shall  provide  for  the  ' 
transportation  of  the  pupils  of  said  district,  living  two  miles 
or  more  from  the  school  to  which  said  pupils  are  sent,  to  such 
school  or  schools  in  a  safe  and  comfortable  and  enclosed  con- 
veyance or  conveyances,  properly  heated,  and  the  expense  of 
such  transportation  shall  be  paid  by  the  school  district  in  ] 
which  school  has  been  discontinued:    Provided  further,  That 
when  any  school  district  within  the  provisions  of  this  act,  hav- 
ing voted  an  amount  of  money  representing  not  less  than  four 
and  one-half  mills  of  the  assessed  valuation  of  such  district, 
finds  its  funds  insufficient  to  pay  the  tuition  and  cost  of  trans- 
portation as  herein  provided,  the  state  shall  pay  to  said  district 
schools  three-fourths  of  the  difference  between  the  amount 
raised  by  said  district  from  all  sources  for  school  purposes 
and  the  cost  of  tuition  and  transportation  of  pupils  therein, 
and  the  county  shall  pay  from  the  general  fund  one-fourth  of 
said  difference :  Provided,  That  not  more  than  seventy-five  dol- 
lars shall  be  given  to  any  district  whose  school  has  been  dis- 
continued according  to  the  provisions  of  this  act :  And  provided 
further,  That  pupils  attending  school  in  another  school  district 


CH.    11]  SCHOOL   DISTRICTS.  121 

under  the  provisions  of  this  act  shall  have  the  same  legal 
rights,  including  the  right  of  admission,  and  be  under  the  same 
jurisdiction  as  the  pupils  residing  in  the  school  district  in 
which  the  school  is  conducted :  Provided,  That  such  admission 
shall  not  involve  the  addition  of  a  school  building  or  school 
buildings,  or  the  employment  of  an  additional  teacher:  Pro- 
vided, That  any  district  having  an  area  of  less  than  twelve 
square  miles  and  a  school  population  of  less  than  fifteen  may 
maintain  its  school  for  not  less  than  seven  months  each  year, 
and  such  district  shall  not  receive  state  and  county  aid  in  ex- 
cess of  fifty  dollars.  (Laws  1911,  ch.  268,  sec.  9.) 

§  333.  District  Board  May  Provide  Transportation ;  Com- 
pensation for  Conveyance.  The  district  board  of  any  school 
district  may  provide  for  the  comfortable  transportation,  in  a 
safe  and  enclosed  conveyance  or  conveyances,  properly  heated, 
of  pupils  of  said  school  districts  who  live  two  or  more  miles, 
by  the  usually  traveled  road,  from  the  school  attended;  and 
said  district  board  shall  provide  such  transportation  for  pupils 
who  live  three  or  more  miles,  by  the  usually  traveled  road,  from 
the  school  attended ;  or,  in  lieu  thereof,  said  board  shall  allow 
as  compensation  for  the  conveyance  of  pupils  to  and  from  the 
school  to  the  parent  or  guardian  of  any  pupil  living  three  or 
more  miles  from  the  school  attended,  a  sum  not  less  than  fifteen 
cents  per  day :  Provided  further,  That  where  the  pupils  of  two 
or  more  families  are  conveyed  by  the  same  conveyance  the 
parent  or  guardian  of  each  family  shall  be  entitled  to  such 
compensation  as  provided  for  by  this  act;  and  shall  allow  to 
the  parent  or  guardian  of  any  pupils  living  five  or  more  miles 
from  the  school  attended  the  sum  of  twenty-five  cents  per  day, 
for  as  many  days  in  each  year  as  the  school  shall  be  in  session : 
Provided,  That  no  such  compensation  shall  be  allowed  unless 
the  pupils  are  actually  conveyed  to  and  from  school.  The  dis- 
trict board  shall  have  authority  to  make  such  rules  and  regula- 
tions as  may  be  necessary  for  carrying  out  the  provisions  of 
this  act.  (Laws  1917,  ch.  277,  sec.  1.) 

§334.  District  May  Send  Children  to  Other  Schools;  Ex- 
penses. That  section  8918  of  General  Statutes  of  1915  be 
amended  to  read  as  follows:  Sec.  8918.  In  any  school  dis- 
trict, if  in  the  judgment  of  the  district  board,  the  county  su- 
perintendent of  public  instruction  concurring,  the  number  of 
children  in  said  district  shall  not  be  sufficient  to  warrant  the 
maintenance  of  a  school  in  said  district,  the  district,  at  the 
annual  meeting  or  at  a  special  meeting  duly  called  for  this 
purpose,  may  make  provision  for  sending  the  children  of  such 
district  to  the  school  or  schools  of  some  other  district  or  dis- 
tricts and  for  the  payment  of  the  cost  of  tuition  and  the  cost 
of  transportation  as  herein  provided.  The  district  board 
shall  provide  for  the  transportation  in  a  safe,  comfortable, 
and  enclosed  conveyance  or  conveyances,  properly  heated,  of 


122  SCHOOL  DISTRICTS.  [CH.    11 

the  pupils  of  said  district  who  live  two  or  more  miles  from  the 
school  to  which  they  are  sent;  or,  in  lieu  of  furnishing  trans- 
portation, the  district  board  may  allow  the  parent  or  guardian 
of  any  pupil  or  pupils,  as  compensation  for  expenses,  a  sum 
not  in  excess  of  the  amount  which  would  otherwise  be  paid 
for  the  transportation  of  such  pupils :  Provided,  that  no  such 
compensation  shall  be  allowed  unless  such  pupil  or  pupils  ac- 
tually attend  the  school  designated  by  the  district  board  and 
comply  with  the  regulations  which  may  be  made  by  said  board. 
For  the  payment  of  tuition,  transportation  and  other  expenses 
as  herein  provided,  warrants  shall  be  drawn  by  the  clerk  of 
the  district  board  and  paid  by  the  treasurer  in  the  manner 
provided  by  law:  Provided,  That  such  discontinuance  of  the 
school  in  said  district  shall  not  bar  the  district  from  its  share 
of  the  state  school  fund,  if  said  children  are  continued  in  the 
school  or  schools  of  other  districts,  the  full  time  required  by 
the  law  for  the  maintenance  of  schools  in  the  districts.  (Laws 
1917,  ch.  277,  sec.  2.) 

§335.  May  Send  Children  to  More  Convenient  School; 
Privilege  of  Property  Owner.  [8919]  If  in  any  school  district 
there  are  children  for  whom  it  will  be  more  convenient,  by 
reason  of  distance  from  the  school  of  the  district  where  they 
live,  to  attend  school  in  another  district,  the  annual  school 
meeting  may  make  an  order  sending  such  children  to  the  school 
of  some  other  convenient  district,82  and  the  school  board  is 
hereby  authorized  to  issue  the  warrants  of  the  district  in  pay- 
ment of  the  extra  expense  and  tuition  of  such  children:  Pro- 
vided, That  not  exceeding  four  dollars  per  month  shall  be 
paid  for  each  child :  Provided  further,  That  the  children  of  any 
property  owner  owning  land  in  any  adjoining  school  district, 
other  than  in  towns  and  incorporated  cities,  may  have  the 
privilege  of  attending  school  in  such  adjoining  district  with- 
out extra  expense  and  tuition  when  such  school  is  more  con- 
venient by  reason  of  distance  from  the  school  of  the  district 
in  which  they  live.83  (Laws  1907,  ch.  321,  sec.  2.) 

§  336.  Change  of  Site.84  [8915]  That  school  districts  hav- 
ing schoolhouses  the  value  of  which  is  not  less  than  $400, 
the  schoolhouse  site  shall  not  be  changed  except  by  a  vote  of 
at  least  two-thirds  of  the  legal  voters  of  such  district  in  favor 
of  such  change ;  and  in  districts  where  the  value  of  the  school- 
house  is  less  than  $400,  the  schoolhouse  site  shall  not  be 
changed  except  by  a  vote  of  a  majority  of  the  legal  voters  of 
the  district  in  favor  of  such  change.  (Laws  1903,  ch.  428, 
sec.  1.) 

82.  It  is  not  mandatory  on  a  school  district  to  receive  the  pupils  or- 
dered to  be  sent  to  it  in  accordance  with  this  provision. 

83.  The  supreme  court  has  decided  that  this  provision  is  constitu- 
tional.    (See  Evans  v.  School  District  No.  46,  81  Kan.  385.) 

84.  The  vote  to  locate  the  school  site  after  it  has  been  changed  re- 
quires only  a  majority  of  those  voting  on  the  proposition. 


CH.    11]  SCHOOL  DISTRICTS.  123 

§  337.  Appraisement.  [8916]  The  value  of  schoolhouses  in 
districts  desiring  to  change  the  schoolhouse  site  shall  be  de- 
termined by  three  appraisers  appointed  by  the  county  com- 
missioners. (Laws  1903,  ch.  428,  sec.  2.) 

§  338.  Site  Condemned.85  [8917]  In  case  any  school  dis- 
trict or  the  board  of  education  of  any  city  of  the  second  class 
can  not  by  purchase  at  reasonable  rates,  or  by  donation  or 
otherwise,  obtain  title  to  the  site  selected  by  such  school  dis- 
trict ;  or  if  it  be  deemed  advisable  by  such  school  district  or  by 
the  district  board  to  add  other  ground  to  any  schoolhouse  site 
already  selected ;  or  if,  in  good  faith,  but  by  mistake  or  other- 
wise, a  schoolhouse  has  been  or  shall  be  erected  wholly  or 
partially  upon  any  land  or  lot  to  which  said  school  district  at 
the  time  of  the  erection  of  such  school  building,  or  any  addi- 
tion thereto,  had  not  acquired  title,  then,  and  in  any  such 
cases,  upon  the  written  application  of  the  district  board  of 
such  school  district,  or  a  majority  of  the  board,  it  shall  be  the 
duty  of  the  probate  judge  of  the  county  in  which  such  school 
district  is  situated  to  appoint  three  disinterested  freeholders 
of  such  county,  and  not  residents  of  such  school  district,  to 
condemn  and  appraise  such  site,  or  addition  thereto;  and  in 
case  such  land  or  lot  condemned  and  appraised  shall  be  an 
original  selection  for  a  schoolhouse  site,  the  amount  so  con- 
demned and  appraised  shall  not  exceed  one  and  one-half  acres ; 
and  if  it  be  for  an  addition  to  an  existing  site,  the  additional 
amount  condemned  and  appraised  shall  not,  with  the  original 
site,  exceed  one  and  one-half  acres.  Immediately  after  their 
appointment,  such  appraisers  shall  proceed,  and  condemn  and 
appraise  the  value  of  the  site  so  selected,  or  the  addition  to 
such  existing  site.  And  they  shall,  within  ten  days  thereafter, 
make  and  sign  a  report  describing  the  land  or  lot  so  con- 
demned, the  purpose  for  which  it  was  so  condemned,  and  the 
appraised  value  thereof,  which  report  shall  be  by  them  filed 
in  the  office  of  the  register  of  deeds  of  the'  county  in  which 
such  land  or  lot  is  situated,  and  by  such  register  duly  recorded, 
as  other  instruments  of  writing  affecting  the  title  to  real 
estate  are  recorded.  In  appraising  any  schoolhouse  site,  or 
addition  thereto,  to  which  such  school  district  had  not  title  at 
the  time  of  erecting  any  schoolhouse,  or  addition  thereto 
thereon,  said  appraisers  shall  exclude  from  their  appraisement 
the  value  of  such  schoolhouse,  or  addition,  and  appraise  such 
land  or  lot  at  its  value,  exclusive  of  such  building,  addition  or 
other  improvement  placed  thereon  in  good  faith,  but  by  mis- 
take of  said  school  district  or  said  school-district  board. 
Within  thirty  days  after  the  report  of  said  appraisers  is  filed 
in  the  office  of  the  register  of  deeds,  the  district  board  of  such 
school  district  shall  pay  to  the  county  treasurer  of  the  county 
in  which  such  condemned  land  or  lot  is  situate,  for  the  use  of 

85.    See  sections  136  to  141  of  this  book. 


124  SCHOOL  DISTRICTS.  [CH.    1 

the  owner  of  such  lands,  or  lot,  the  amount  of  the  appraise< 
value  thereof,  and  also  fifty  cents  for  said  register  of  deeds 
for  recording  said  report.     And  upon  such  payment  being 
made  to  such  county  treasurer  by  such  district  board,  the  titl< 
to  such  site  or  addition  thereto  shall  vest  in  such  school  dis 
trict.     Either  party,  the  owner  of  the  land  or  lot  condemned 
or  the  school  district,  may  appeal  from  such  appraisement  t( 
the  district  court,  in  the  same  time  and  manner  that  appeals 
are  taken  from  the  judgments  of  justices  of  the  peace  in  civi 
actions.    (Laws  1885,  ch.  174,  sec.  1.) 

§  339.    Schoolhouse    Site    Acquired    from    School    Lands 
[9194]    Any  school  district  shall  be  entitled  to-  purchase  and 
acquire  for  schoolhouse  site  not  exceeding  two  acres  of  any 
school  lands  situated  in  such  district,  but  such  tract  shall  b< 
situated  on  one  of  the  boundary  lines  of  the  section  or  cross 
center  lines  thereof.    The  price  to  be  paid  for  such  land  by  the 
said  school  district  shall  be  two  dollars  an  acre,  and  upon 
presentation  to  the  county  clerk  of  a  petition  signed  by  a  ma 
jority  of  the  legal  voters  of  the  school  district,  and  the  pay 
ment  of  the  purchase  price  to  the  county  treasurer,  the  county 
clerk  shall  issue  the  said  school  district  a  certificate  of  pur 
chase.     Upon  the  presentation  of  said  certificate  of  purchase 
to  the  auditor  of  state  he  shall  cause  to  be  issued  a  patent  foi 
said  land,  but  said  certificate  of  purchase  and  said  patent  shall 
recite  that  upon  the  failure  of  said  school  district  to  use  said 
land  for  school  purposes  the  title  thereof  shall  be  forfeited  and 
revert  to  the  state  of  Kansas.     (Laws  1909,  ch.  218,  sec.  8.) 

§  340.  Territory  Annexed  to  City.  [9455]  When  all  the 
territory  of  a  school  district  shall  become  annexed  to  a  city 
of  the  first  or  second  class  by  the  extension  of  the  boundaries 
of  the  city,  all  the  school  property,  including  moneys  on  hand 
and  due  to  said  district,  together  with  all  records  and  papers 
belonging  to  said  district  board,  shall  be  transferred  to,  and 
the  title  vested  in,  the  board  of  education  of  such  city,  and 
said  board  of  education  shall  assume  and  be  held  responsible 
for  the  legitimate  floating  and  bonded  indebtedness  of  such 
annexed  district.  (Laws  1893,  ch.  128,  sec.  1.) 

§  341.  Distribution  of  Property.  [9456]  When,  by  the  ex- 
tension of  the  limits  of  any  city  of  the  first  or  second  class,  a 
part  of  the  territory  of  an  adjacent  district  is  annexed  to 
such  city,  it  shall  be  the  duty  of  the  county  superintendent  to 
determine  the  present  value  of  all  the  school  property  of  such 
district,  P!SO  all  money  due  to  or  in  the  hands  of  the  district 
treasurer,  and  to  equitably  apportion  the  amount  due  the  dis- 
trict board,  or  board  of  education,  as  the  case  may  be.  The 
amount  due  to  the  district  board  or  board  of  education  of  such 
city,  when  ascertained  by  the  county  superintendent,  shall 
be  levied  upon  the  taxable  property  of  that  district  or  corpora- 
tion found  to  be  in  debt,  and  shall  be  collected  in  the  same 


CH.  11] 


DISTRICT   SCHOOLS. 


125 


manner  as  if  the  same  had  been  authorized  by  the  vote  of  the 
district  board  or  by  the  board  of  education  of  such  city,  and 
when  collected  it  shall  be  paid  to  the  treasurer  of  that  district 
or  board  of  education  to  which  it  is  due.  The  board  of  educa- 
tion, or  the  district  board  retaining  the  schoolhouse,  shall  as- 
sume the  bonded  indebtedness  incurred  in  building  and  furnish- 
ing such  schoolhouse.  All  unadjusted  claims  of  cities  and 
school  districts  arising  from  such  annexation  previous  to  the 
passage  of  this  act  shall  be  adjusted  in  accordance  with  pro- 
visions of  this  section.  (Laws  1893,  ch.  128,  sec.  2.) 

§  342.  Appeal.  [9457]  If,  in  the  adjustment  of  school 
property  where  a  part  of  a  school  district  has  been  annexed  to 
a  city  of  the  first  or  second  class,  any  person  or  persons  shall 
feel  aggrieved  by  the  decision  rendered  by  the  county  superin- 
tendent, an  appeal  may  be  taken  to  the  board  of  county  com- 
missioners; but  a  notice  of  such  appeal  must  be  served  upon 
the  county  superintendent  in  writing  within  ten  days  after  the 
rendition  of  his  decision  in  adjusting  the  rights  of  the  school 
district  and  the  city  school  district.  Such  notice  shall  state 
fully  the  objections  to  the  action  of  the  county  superintendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 
with  the  clerk  of  the  district,  or  with  the  secretary  of  the  board 
of  education,  as  the  case  may  be,  affected  by  such  decision. 
Such  appeal  shall  be  heard  and  decided  by  a  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting, 
and  their  decision  shall  be  final.  (Laws  1893,  ch.  128,  sec.  3.) 

ARTICLE  II.— District  Schools. 


$343.  Brandies      taught;       instruction      in 
English  language. 

544.  Common  school  diplomas. 

545.  Average  grade  and  subjects  required. 

346.  Examination;  diplomas;  expenses. 

347.  Questions  prepared  by  state  board. 

348.  Examinations   uniform. 


§349.   School  month 

350.  Free  schools. 

351.  Penalty. 

352.  Contagious  disease. 

353.  Contagious  disease;   duty  of  parei 

354.  Tuition  fee. 


§  343.    Branches  Taught;  Instruction  in  English  Language. 

[8985]  That  in  each  and  every  school  district  shall  be  taught 
orthography,  reading,  writing,  English  grammar,  geography, 
arithmetic,  history  of  the  United  States,  and  history  of  the 
state  of  Kansas,  and  such  other  branches  as  may  be  determined 
by  the  district  board  :86  Provided,  That  the  instruction  g'ven 
shall  be  in  the  English  language.87  (Laws  1903,  ch.  435,  sec.  1.) 
§  344.  Common-school  Diplomas.  [9436]  Any  person  who 
shall  complete  the  course  of  study,  prescribed  by  the  Stafe 
Board  of  Education,  for  rural  schools  and  the  grades  in  schools 
having  two  or  more  teachers,  in  a  satisfactory  manner;  who 

86.  Instruction  must  also  be  given  in  physiology  and  hygiene  with 
apecial   reference  to  the   effects   of   alcoholic   stimulants   and   narcotics. 
'(See  section  115  of  this  book.) 

87.  The  State  Board  of  Education  has  authority  to  provide  a  course 
•f  study.    (See  section  697  of  this  book,  see  also  sections  583,  584,  585.) 


126  DISTRICT   SCHOOLS.  [CH.    11 

shall  give  evidence  of  a  good  moral  character;  and  who  shall 
fulfill  the  further  requirements  of  this  act,  shall  be  granted  a 
common  school  diploma  which  shall  admit  such  person  to  en- 
trance in  any  high  school  in  the  state.  (Laws  1913,  ch.  271, 
sec.  1.) 

§  345.  Average  Grade  and  Subjects  Required.  [9437]  An 
average  of  80  per  cent  with  no  grade  below  60  per  cent  shall  be 
required,  for  graduation,  in  the  following  subjects:  Reading, 
writing,  spelling,  grammar,  arithmetic,  U.  S.  history,  Kansas 
history,  geography,  civil  government,  agriculture,  physiology 
and  classics :  Provided,  That  grades  of  80  per  cent,  or  more, 
may  be  carried  as  credits  and  applied  as  grades  for  graduation, 
for  a  period  of  two  years :  Provided  further,  That  at  the  op- 
tion of  the  county  superintendent,  credit  may  be  given  on  school 
work,  which  shall  not  exceed  50  per  cent  in  any  one  subject; 
and  provided  that  pupils  who  have  satisfactorily  completed  the 
7th  grade  in  the  graded  schools,  and  the  7th  and  8th  grades 
in  rural  schools,  may  take  the  examination  in  subjects  that  are 
finished  in  their  respective  grades.  (Laws  1913,  ch.  271, 
sec.  2.) 

§346.  Examinations;  Diplomas;  Expenses.  [9438]  Pub- 
lic examinations  shall  be  held  for  rural  schools  on  the  first  and 
second  Saturdays  in  April  and  for  graded  schools  on  the  first 
Saturday  in  May  and  the  Friday  next  preceding  in  each  year 
at  the  county  seat  or  at  such  place  or  places  as  may  be  desig- 
nated by  the  county  superintendent  of  public  instruction.  At 
each  place  so  designated  the  examination  shall  be  conducted 
by  an  examining  board  of  two  persons,  at  least  one  of  whom 
shall  not  be  a  teacher  of  any  pupil  or  pupils  writing  said  exami- 
nation. The  questions  shall  be  opened  in  the  presence  of  both 
members  of  the  examining  board,  on  the  day  and  hour  set  for 
the  examination,  notice  of  which  shall  be  published  by  the 
county  superintendent  at  least  ten  days  before  the  first  day  on 
which  the  examination  is  held.  The  papers  shall  be  forwarded 
to  the  county  superintendent  of  public  instruction  and  shall 
be  graded  by  the  board  of  county  examiners  or  under  the  di- 
rection of  said  board  by  assistants  appointed  for  this  purpose 
by  the  county  superintendent;  and  diplomas  shall  be  issued 
by  the  county  examiners.  Said  examiners  and  assistants  shall 
be  paid  from  the  general  funds  of  the  county  the  amount  pro- 
vided by  law  for  the  payment  of  boards  of  county  examiners 
for  holding  county  teachers'  examinations;  and  the  county 
shall  pay  any  other  legitimate  expenses  incurred  in  conducting 
examinations,  issuing  diplomas,  and  holding  public  graduation 
exercises.  (Laws  1915,  ch.  300,  sec.  1.) 

§  347.  Questions  Prepared  by  State  Board.  [9439]  The 
questions  for  the  examination  provided  for  in  this  act  shall 
be  prepared  by  the  State  Board  of  Education,  and  shall  be 
mailed  by  the  state  superintendent  to  the  county  superintend- 


CH.    11]  DISTRICT   SCHOOLS.  127 

ent,  at  least  ten  days  before  they  are  to  be  used.  (Laws  1913, 
ch.  271,  sec.  4.) 

§  34  8.  Examinations  Uniform.  [9440]  The  examinations 
provided  for  in  this  act  shall  be  uniform,  as  to  date  and  sub- 
ject matter,  throughout  the  state.  (Laws  1913,  ch.  271,  sec.  5.) 

§  349.  School  Month.  [8987]  A  school  month  shall  consist 
of  four  weeks  of  five  days  each,  of  six  hours  per  day.  (Laws 
1876,  ch.  122,  art.  5,  sec.  2.) 

§  350.  Free  Schools.  That  the  district  schools  established 
under  the  provisions  of  this  act  shall  at  all  times  be  equally  free 
and  accessible  to  all  the  children  resident  therein  over  six  and. 
under  the  age  of  twenty-one  years,  subject  to  such  regulations 
as  the  district  board  in  each  district  may  prescribe :  Provided, 
That  any  child  who  will  attain  the  age  of  six  years  on  or  before 
the  first  day  of  January  of  any  school  year  shall  be  entitled  to 
enter  school  at  the  beginning  of  such  school  year:  Provided 
further,  That  in  districts  maintaining  a  free  kindergarten  in 
connection  with  the  public  schools  the  school  age  shall  be  over 
four  and  under  twenty-one  years  to  all  children  resident  in 
such  districts.  (Laws  1919,  ch.  258,  sec.  1.) 

§  351.  Penalty.  [8989]  The  members  of  any  district  board 
willfully  violating  any  of  the  provisions  of  this  article,  or 
refusing  the  admission  of  any  children  into  the  common  schools, 
shall  forfeit  to  the  county  the  sum  of  $100  each  for  every 
month  so  offending  during  which  such  schools  are  taught; 
and  all  moneys  forfeited  to  the  common-school  fund  of  the 
county  under  this  act  shall  be  expended  by  the  county  super- 
intendent for  the  education  of  such  children  in  the  school  dis- 
trict denied  such  equal  educational  advantages :  Provided,  That 
any  member  of  said  board  who  shall  protest  against  the  action 
of  his  said  board  in  excluding  any  children  from  equal  educa- 
tional advantages,  or  in  violating  any  of  the  provisions  of  this 
article,  shall  not  be  subject  to  the  penalty  herein  named :  And 
provided  further,  That  the  provisions  of  this  act  shall  not 
apply  to  cities  of  the  first  or  second  class.  (Laws  1877,  ch. 
170,  sec.  2.) 

§  352.  Contagious  Disease.  [8990]  No  pupil  infected  with 
any  contagious  disease  shall  be  allowed  to  attend  any  common 
school,  or  remain  in  any  schoolroom  while  so  infected.  (Laws 
1876,  ch.  122,  art.  5,  sec.  5.) 

§  353.  Contagious  Disease;  Duty  of  Parents.  [10147]  No 
person  afflicted  with  any  infectious  or  contagious  disease  dan- 
gerous to  the  public  health  shall  be  admitted  into  any  public 
or  private  school.  No  parent,  guardian,  tutor,  or  other  person 
having  charge  or  control  of  children,  whose  residence  is  in- 
fected with  smallpox,  cholera,  scarlet  fever,  diphtheria,  epi- 
demic cerebro-spinal  meningitis,  or  other  infectious  or  conta- 
gious disease  dangerous  to  the  public  health,  shall  allow  or 


128 


DISTRICT   OFFICERS. 


[CH.    11 


permit  them  to  attend  any  public  or  private  school  during 
the  continuance  of  such  infection,  or  until  the  premises  have 
been  thoroughly  disinfected  and  all  danger  from  contagion  has 
passed.  (Laws  1901,  ch.  285,  sec.  6.) 

§  354.  Tuition  Fee.  [8991]  Whenever  there  be  not  public 
money  enough  belonging  to  any  school  district  to  support  a 
public  school  the  length  of  time  determined  at  the  annual 
meeting,  or  at  a  special  meeting  duly  called,  the  district  board, 
to  meet  said  deficiency,  may  assess  a  tuition  fee  upon  each 
scholar  attending  such  school,  the  assessment  to  be  propor- 
tioned to  the  number  of  days  each  pupil  has  been  in  actual 
attendance  during  the  term:  Provided,  That  no  tuition  fee 
shall  be  levied  upon  the  scholars  in  any  of  the  public  schools 
of  this  state,  in  accordance  with  the  provisions  of  this  act, 
unless  the  entire  amount  of  one  per  cent  for  teachers'  wages, 
as  required  by  law,  be  first  assessed  upon  the  taxable  property 
of  said  school  district.  (Laws  1876,  ch.  122,  art.  5,  sec.  6.) 


ARTICLE  III.— District  Officers. 


J355. 
356, 
357, 

358, 
359. 
360. 
361. 
362. 
363. 
3f54. 
365. 
366. 
367. 

368. 


how 


370. 


§375.  District  taxes  voted  but  not  levied 
in  any  year  shall  be  collected  with 
taxes  of  the  year  following. 

376.  District  treasurer  shall  keep  account 

etc.;     shall    report    in    writing    st 
annual  moeting. 

377.  Procedure,    if   he   does   not  pay   over 

moneys  to  his  successor. 

378.  Powers   and   duties  of   schooi-di&t-rir' 

board. 

379.  Shall   have    care   of   property   of    dik 

trict. 

380.  Use  of  schoolhouse. 

381.  Water-closets. 

382.  The    board    may    remove    schoolhou^ 

or  other  improvement,  when. 

383.  May  admit  nonresident  pupils. 

384.  Shall    hire    qualified    teachers;     fuK\ 

dismiss  teachers  for  cause. 

385.  Employment  of  relatives. 

386.  Contracts  void. 

387.  Records  and  reports. 

388.  Shall   provide    necessary   appendage*- 

389.  May  suspend  a  pupil  for  cause;   a) 

peal. 

390.  Shall     furnish     teachers     with     daiij 

register;   shall  visit  schools. 

391.  Taxes;    clerk  to  certify;    commissioB 

ers  to  levy;  limit. 

392.  Judgments. 

§  355.  Officers;  Term.  [8950]  The  officers  of  each  school 
district  shall  be  a  director,  clerk,  and  treasurer,  who  shall  con- 
stitute the  district  board,88  and  who  shall  be  elected  and  hold 
their  respective  offices  as  follows:  At  the  annual  meeting  in 
1874  there  shall  be  elected  a  director,  who  shall  hold  his  office 
for  three  years ;  a  clerk,  who  shall  hold  his  office  for  two  years ; 

88.  The  officers  of  a  school  district  constitute  the  board  of  directors 
in  such  sense  as  to  be  able  to  transact  the  school  business  of  the  district 
only  when  in  session  as  a  district  board.  As  the  law  is  silent  as  to  how, 
when  and  where  the  district  board  shall  convene,  each  board  should  adopt 
a  set  of  rules  for  its  own  government. 


Officer*;  term  of  office. 

Official  oath. 

Forfeiture    of    office;     vacancy, 
filled. 

Duty  of  directors. 

Duty  of  district  clerk. 

Clerk  of  board  and  district  meetings. 

Clerk  shall  draw  orders. 

Clerk's  annual  report. 

County  treasurers. 

Treasurer  pay  no  money,  wren. 

Clerk  of  joint  district. 

Penalty  for  false  report. 

District  clerk  shall  report  to  county 
clerk  a  list  of  resident  taxpayers. 

Fine  for  failure  to  report  district  tax 
to  county  clerk. 

Report  to  county  superintendent. 

District  and  city  clerks,  and  clerks 
of  boards  of  education,  shall  re- 
port bonded  indebtedness  to  county 
clerk. 

Fine  for  not  delivering  records  to 
successor. 

District  treasurer  shall  execute  bond. 

Shall  pay  school  moneys,  on  whose 
order. 

Shall  receive  school  moneys  from 
county  treasurer,  on  whose  order. 


CH.    11]  DISTRICT   OFFICERS.  129 

and  a  treasurer,  who  shall  hold  his  office  for  one  year;89  and 
thereafter  at  each  annual  meeting  there  shall  be  elected  one 
member  of  said  board  in  place  of  the  outgoing  member,  who 
shall  hold  his  office  for  three  years,  and  until  his  successor 
shall  be  elected  and  qualified.90  (Laws  1876,  ch.  122,  art.  4, 
sec.  1.) 

§  356.  Official  Oath.  [8951]  School-district  officers  before 
entering  upon  their  official  duties  shall  take  an  oath  to  faith- 
fully perform  said  duties  ;91  and  the  chairman  of  any  regular 
or  special  meeting  is  hereby  authorized  and  empowered  to 
administer  such  oath.92  (Laws  1876,  ch.  122,  art.  4,  sec.  2.) 

§  357.  Office  Forfeited.  [8952]  Every  person  duly  elected 
to  the  office  of  director,  clerk  or  treasurer  of  any  school  dis- 
trict, who  shall  refuse  or  neglect,  without  sufficient  cause,  to 
qualify  within  twenty  days  after  his  election  or  appointment, 
or  who,  having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duty  required  of  him  by  the  pro- 
visions of  this  act,  shall  thereby  forfeit  his  right  to  the  office 
to  which  he  was  elected  or  appointed,  and  the  county  superin- 
tendent shall  thereupon  appoint  a  suitable  person  in  his 
stead.93  (Laws  1876,  ch.  122,  art.  4,  sec.  3.) 
•  §  358.  Director.  [8953]  The  director  of  each  district  shall 
preside  at  all  district  meetings,  and  shall  sign  all  orders 
drawn  by  the  clerk,  authorized  by  a  district  meeting  or  by  the 
district  board,  upon  the  treasurer  of  the  district,  for  moneys 
collected  or  received  by  him  to  be  disbursed  therein.  He  shall 
appear,  for  and  in  behalf  of  the  district,  in  all  suits  brought 
by  or  against  the  district,  unless  other  direction  shall  be  given 
by  the  voters  of  such  district,  at  a  district  meeting.  (Laws 
1876,  ch.  122,  art.  4,  sec.  4.) 

89.  The  treasurer  is  elected  in  1920,  the  clerk  in  1921,  and  the  director 
in  1922. 

90.  Compensation  of  District  Officers.     Neither  the  district  meeting 
nor  the  district  board  has  the  right  to  authorize  or  direct  the  payment 
of  any  compensation  from  the  public  fund  to  members  of  the  board  for 
their  services. 

See  section  316  for  the  term  of  officers  chosen  at  special  meetings. 
They  hold  their  offices  until  their  successors  are  elected  and  qualified. 

91.  Neglect  of  Duty.     Where  a  district  officer  neglects  or  refuses  to 
perform  a  duty,  the  proper  proceeding  to  compel  performance  is  a  writ 
of  mandamus. 

92.  A  district  officer  can  qualify  before  the  chairman  of  a  district 
meeting,  the  county  superintendent,  or  any  one  authorized  by  law  to 
administer  oaths. 

93.  A  vacancy  can  be  declared  by  the  county  superintendent  or  some 
court   of  competent  jurisdiction,   only  after   notice   and   hearing  or   an 
opportunity  to  be  heard.    The  vacancy  being  declared,  the  county  superin- 
tendent shall  appoint.    A  member  of  the  district  board  can  not  continue 
to  act  as  a  member  thereof  after  he  ceases  to  be  a  resident  of  the  district, 
nor  has  he  the  right  to  appoint  a  deputy  to  discharge  the  duties  of  the 
office.     See  section  275  with  regard  to  filling  vacancies  on  the  district 
board. 

5 — School  Laws — 2728 


130  DISTRICT   OFFICERS.  [CH.    11 

§  359.  Clerk.  [8954]  The  clerk  of  each  district  shall  record 
the  proceedings  of  his  district  in  a  book  provided  by  the 
district  for  that  purpose,  and  enter  therein  copies  of  all  re- 
ports made  by  him  to  the  county  superintendent ;  and  he  shall 
keep  and  preserve  all  records,  books  and  papers  belonging  to 
his  office,  and  deliver  the  same  to  his  successor  in  office.  (Laws 
1876,  ch.  122,  art.  4,  sec.  5.) 

§  360.  Clerk  of  the  Board  and  District  Meetings.  [8955] 
The  said  clerk  shall  be  clerk  of  the  district  board  and  of  all 
district  meetings,  when  present  ;94  but  if  such  clerk  shall  not 
be  present  at  any  district  meeting,  the  voters  present  may 
appoint  a  clerk  of  such  meetmg,  who  shall  certify  the  proceed- 
ings thereof,  and  the  same  shall  be  recorded  by  the  clerk  of 
the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  6.) 

§  361.  Clerk  Shall  Draw  Orders.  [8956]  The  clerk  of  the 
district  shall  draw  orders  on  the  treasurer  of  the  district 
for  moneys  in  the  hands  of  such  treasurer  which  have  been 
apportioned  to  or  raised  by  the  district,  to  be  applied  to  the 
payment  of  teachers'  wages,  and  apply  such  money  to  the  pay- 
ment of  the  wages  of  such  teachers  as  shall  have  been  em- 
ployed by  the  district  board ;  and  said  clerk  shall  draw  orders 
on  the  said  treasurer  for  moneys  in  the  hands  of  such  treasT 
urer,  to  be  disbursed  for  any  other  purpose  ordered  by  a  dis- 
trict meeting95  or  by  the  district  board,  agreeable  to  the  pro- 
visions of  this  act.90  (Laws  1876,  ch.  122,  art.  4,  sec.  7.) 

§  362.  Clerk's  Annual  Report.97  [8957]  The  clerk  of  each 
district  shall,  at  least  five  days  previous  to  the  annual  meeting 
in  July  of  each  year,  make  a  written  report,  which  he  shall  sub- 
mit and  read  to  the  legal  voters  of  the  district  at  the  annual 
meeting  for  their  information  and  consideration.  If  any 
change  or  alteration  therein  be  necessary,  the  same  shall  be 
made,  and  it  shall  then  be  transmitted  to  the  county  superin- 

94.  In  transacting  the  school  business  of  the  district,  the  members  of 
the  board  should  meet  as  a  district  board,  the  clerk  making  a  complete 
record  of  all  proceedings.    Members  of  the  school-district  board  have  not 
the  right  to  enter  into  contract  obligating  said  board  outside  of  a  regular 
meeting,  and  such  meeting  is  not  legal  unless  all  members  have  been 
notified  of  the  call  for  the  same. 

95.  A  clerk  can  legally  draw  an  order  upon  the  treasurer  for  the 
disbursement  of  moneys  without  a  meeting  of  the  district  board,  if  the 
same  has  been  authorized  by  a  district  meeting  or  by  the  district  board 
at  any  prior  meeting.     Example:    Order  for  teacher's  wages. 

96.  Should  the  director  or  other  member  of  the  board  refuse  to  sign  a 
legal  order,  payable  to   any  party  legally   entitled  to   receive  it,   such 
officer  may  be  compelled,  by  writ  of  mandamus,  to  sign. 

97.  This  section  should  be  amended  to  be  in  harmony  with  section  286 
which  fixes  the  date  of  the  annual  meeting  for  the  second   Friday  in 
April.    The  school  census  can  not  be  reported  before  the  annual  meeting, 
since  it  must  show  the  number  of  persons  of  school  age  on  the  date  of 
June  30. 


DISTRICT   OFFICERS.  131 

tendent  of  public  instruction.  Said  report  shall  show:  (1) 
The  number  of  children,98  male  or  female,  designated  sepa- 
rately, residing  in  the  district  or  part  of  district  on  the  last 
day  of  June  previous  to  the  date  of  such  report,  over  the  age 
of  five  and  under  the  age  of  twenty-one  years ;  (2)  the  number 
of  children  attending  school  during  the  year,  their  sex,  and 
branches  studied;  (3)  the  length  of  time  a  school  has  been 
taught  in  the  district  by  a  qualified  teacher,  the  name  of  the 
teacher,  the  length  of  time  taught  by  each  teacher,  and  wages 
paid;  (4)  the  amount  of  money  received  from  the  county 
treasurer,  arising  from  disbursement  of  the  state  annual 
school  fund,  the  amount  received  from  district  taxes,  and  the 
amount  received  from  all  other  sources  during  the  year,  and 
the  manner  in  which  the  same  has  been  expended;  (5)  the 
amount  of  money  raised  by  the  district  each  year,  and  the  pur- 
poses for  which  it  was  raised;  (6)  the  kind  of  books  used  in 
the  schools,  and  such  other  facts  and  statistics  in  regard  to  the 
district  school  as  the  county  superintendent  may  require. 
(Laws  1889,  ch.  220,  sec.  2.) 

§  363.  County  Treasurers.  [8958]  All  county  treasurers 
in  this  state  are  hereby  required  to  notify  clerks  of  all  school 
districts  in  their  respective  counties,  by  mail  or  otherwise,  ten 
days  prior  to  the  time  fixed  by  law  for  holding  the  annual  dis- 
trict meeting,  of  the  amount  of  money  drawn  from  the  treas- 
ury by  the  district  treasurer  of  his  district  since  the  commence- 
ment of  the  past  school  year,  and  shall  also  state  in  the  same 
notification  the  balance  remaining  on  hand,  if  any,  in  the 
county  treasury  to  the  credit  of  the  respective  districts.  (Laws 
1889,  ch.  220,  sec.  3.) 

§364.  Treasurer  Pay  No  Money,  When.  [8959]  The  county 
treasurer  shall  pay  no  money  to  the  district  treasurers  of  his 
county  after  the  close  of  the  school  year,  June  30,  until  after 
the  annual  district  meetings  of  the  school  districts  have  been 
held.  (Laws  1889,  ch.  220,  sec.  4.) 

§  365.  Clerk  of  Joint  District.  [8960]  Whenever  a  school 
district  shall  lie  partly  in  two  or  more  counties,  the  clerk  of 
such  district  in  making  his  annual  report  shall  carefully  desig- 
nate the  number  of  children  resident  in  the  parts  of  the  coun- 
ties composing  the  district,  and  shall  report  to  the  county 
superintendent  of  public  instruction  of  each  of  the  counties  in 
which  such  district  may  be  partly  situated.  (Laws  1876,  ch. 
122,  art.  4,  sec.  9.) 

§  366.   Penalty  for  False  Report.    [8961]    Every  clerk  of  a 

district  who  shall  willfully  sign  a  false  report  to  the  county 
superintendent  of  his  county  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  not  exceeding  $100,  or  by 
imprisonment  not  exceeding  three  months.  (Laws  1876,  ch. 
122,  art.  4,  sec.  10.) 

98.    See  sections  241  and  242  of  this  book. 


132  DISTRICT   OFFICERS.  [CH.    11 

§  367.  Report  to  County  Clerk.  [8962]  It  shall  be  the  duty 
of  the  several  district  clerks  in  this  state  to  make  out  a  certi- 
fied list  of  all  persons  residing  within  their  respective  dis- 
tricts liable  to  pay  taxes,  and  transmit  the  same  to  the  county 
clerks  of  their  respective  counties  on  or  before  the  25th  day  of 
August  annually,  except  in  incorporated  cities.  (Laws  1876 
ch.  122,  art.  4,  sec.  11.) 

§  368.  Penalty  for  Failure  to  Report.  [8963]  Any  distrid 
clerk  who  shall  fail  to  report  the  tax  voted  by  his  districi 
to  the  county  clerk,  as  is  provided  by  law,  shall  be  liable  to 
fine  of  not  less  than  fifty  dollars;  and  it  is  hereby  made  the 
duty  of  the  county  superintendent  to  have  the  provisions  of  this 
act  enforced.  (Laws  1876,  ch.  122,  art.  4,  sec.  12.) 

§  369.    Report  to  County  Superintendent.    [8964]    The  dis- 
trict clerk  shall  report  to  the  county  superintendent  in  writ- 
ing the  names  and  post-office  addresses  of  the  district  officers 
elect,  within  two  weeks  after  the  said  officers  shall  have  been 
elected  or  appointed  and  qualified.    The  clerk  shall  also  repor 
to  the  county  superintendent  the  time  of  the  commencement  of 
each  term  of  school,  within  two  weeks  from  the  commence 
ment  of  such  term.     (Laws  1876,  ch.  122,  art.  4,  sec.  13.) 

§  370.  Report  of  Indebtedness.  [11580]  That  in  addition 
to  the  duties  now  required  by  law  of  the  following  officers,  to 
wit,  township  clerks  and  clerks  of  incorporated  cities,  school- 
district  clerks  and  clerks  of  boards  of  education,  they  shall 
each  of  them  make  and  transmit  to  the  clerk  of  their  respec- 
tive counties,  on  or  before  the  5th  day  of  July  in  each  year,  a 
complete  certified  statement  of  the  floating  and  bonded  in- 
debtedness, with  date  of  issuing  and  maturing  of  outstanding 
bonds;  amount  of  sinking-fund,  if  any,  for  redeeming  the 
same;  and  such  other  information  as  may  be  required  by  the 
county  clerk  concerning  the  financial  condition  of  their  re- 
spective townships,  cities,  or  districts ;  and  when  no  outstand- 
ing indebtedness  exists,  such  fact  shall  be  reported.  (Laws 
1877,  ch.  90,  sec.  1.) 

§371.  Records.  [8971]  Every  school-district  clerk  or 
treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers  belonging  to  his  office 
shall  be  subject  to  a  fine  not  exceeding  fifty  dollars.  (Laws 
1876,  ch.  122,  art.  4,  sec.  20.) 

§372.  Treasurer;  Bond.  [8965]  The  treasurer  shall  exe- 
cute to  the  district  a  bond  in  double  the  amount,  as  near  as 
can  be  ascertained,  to  come  into  his  hands  as  treasurer  during 
the  year,  with  sufficient  securities,  to  be  approved  by  the 
director  and  clerk,  conditioned  to  the  faithful  discharge  of 
the  duties  of  said  office."  Such  bond  shall  be  justified  by 

99.  It  is  not  proper  for  either  the  director  or  the  clerk  to  become 
surety  of  the  treasurer.  It  is  not  necessary  that  the  treasurer's  bonds- 


CH.    11]  DISTRICT   OFFICERS.  133 

the  affidavit  of  the  principal  and  his  sureties :  Provided,  That 
the  director  of  the  district  or  the  county  superintendent  of 
public  instruction  shall  be  authorized  to  administer  the  oaths 
in  the  justification  of  the  treasurer  and  his  sureties.  And  said 
bond  shall  be  filed  with  the  district  clerk,  and  in  case  of  the 
breach  of  any  conditions  thereof,  the  director  shall  cause  a 
suit  to  be  commenced  thereon,  in  the  name  of  the  district, 
and  the  money  collected  shall  be  applied  by  such  director  to 
the  use  of  the  district,  as  the  same  should  have  been  applied 
by  the  treasurer ;  and  if  such  director  shall  neglect  or  refuse  to 
prosecute,  then  any  householder  in  the  district  may  cause  such 
prosecution  to  be  instituted.  (Laws  1879,  ch.  156,  sec.  1.) 

§  373.  Duties  of  Treasurer.  [8966]  The  treasurer  of  each 
district  shall  pay  out,  on  the  order  of  the  clerk,  signed  by  the 
director  of  the  district,  all  public  moneys,  which  shall  come  into 
his  hands  for  the  use  of  the  district.100  (Laws  1876,  ch.  122, 
art.  4,  sec.  15.) 

§  374.  Receive  School  Moneys.  [8967]  The  county  treas- 
urer shall  pay  to  each  district  treasurer  in  the  county  all  school 
moneys  in  the  county  treasury  belonging  to  the  district,  upon 
the  order  of  the  director  and  clerk  of  the  district:  Provided, 
That  said  order  shall  be  accompanied  by  a  certificate  from  the 
district  clerk  stating  that  the  treasurer  of  the  district  has 
executed  and  filed  his  bond  as  required  by  law.  (Laws  1876, 
ch.  122,  art.  4,  sec.  16.) 

§  375.  District  Taxes.  [8968]  Where  a  school-district  tax 
has  been  voted,  and  from  the  fault  or  negligence  of  any  officer, 
or  any  other  cause,  has  not  been  levied  and  collected  in  any 
year,  the  same  shall  be  added  to  and  collected  with  the  taxes 
of  the  year  following;  and  the  county  treasurer  shall  pay 
over  to  the  treasurers  of  the  respective  school  districts  all 
taxes  he  may  have  collected  for  the  said  districts,  on  the  order 
of  the  district  clerk,  countersigned  by  the  director,  subject  to 
the  proviso  contained  in  section  52  of  this  act.101  (Laws  1876, 
ch.  122,  art.  4,  sec.  17.) 

§376.  Records  and  Reports..  [8969]  The  treasurer  shall 
keep  a  book  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  sources  from 
which  money  has  been  received  and  the  person  or  persons  to 
whom  and  the  objects  for  which  the  same  has  been  paid  out. 
He  shall  present  to  the  district,  at  each  annual  meeting,  a  re- 
port in  writing,  containing  a  statement  of  all  moneys  received 

men  be  residents  of  the  district,  though  they  ought  to  reside  in  the  county. 
The  bond  becoming  insufficient  from  any  cause,  the  director  and  clerk 
may  require  the  bond  to  be  made  good. 

100.  Registration.     When  a  warrant  is  presented  and  not  paid  for 
want  of  funds,  it  is  the  duty  of  the  treasurer  to  register  the  same,  and, 
when  the  proper  funds  are  received,  to  pay  said  warrant,  and  all  others 
which  have  been  similarly  presented,  in  the  regular  order  of  registration. 

101.  Section  374  of  this  book. 


134  DISTRICT   OFFICERS.  [CH.    11 

by  him  from  the  county  treasurer  during  the  year;  also  all 
moneys  collected  by  him  during  the  year  from  assessments  in 
the  district,  and  of  the  disbursements  made  by  him,  with  the 
items  of  such  disbursements,  and  exhibit  the  vouchers  therefor, 
which  report  shall  be  recorded  by  the  district  clerk ;  and  at  the 
close  of  his  term  of  office  shall  settle  with  the  district  board, 
and  shall  hand  over  to  his  successor  said  book,  and  all  receipts, 
vouchers,  orders  and  papers  coming  into  his  hands  as  treasurer 
of  the  district,  together  with  all  the  moneys  remaining  in  his 
hands  as  such  treasurer.  (Laws  1876,  ch.  122,  art.  4,  sec.  18,) 

§377.  Prosecution  for  Failure.  [8970]  If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in  his 
hands  belonging  to  the  district,  it  shall  be  the  duty  of  his  suc- 
cessor in  office  to  prosecute  without  delay  the  official  bond  of 
such  treasurer,  for  the  recovery  of  such  money.102  (Laws  1876, 
ch.  122,  art.  4,  sec.  19.) 

§  378.  Powers  of  Board.  [8972]  The  district  board  shall 
purchase  or  lease  such  a  site  for  a  schoolhouse  as  shall  have 
been  designated  by  the  voters  at  a  district  meeting,  in  the 
corporate  name  thereof,  and  shall  build,  hire  or  purchase 
such  schoolhouse  as  the  voters  of  the  district  in  a  district 
meeting  shall  have  agreed  upon,  out  of  the  funds  provided  for 
that  purpose,  and  make  sale  of  any  schoolhouse  site  or  other 
property  of  the  district,  and,  if  necessary,  execute  a  convey- 
ance of  the  same  in  the  name  of  their  office,  when  lawfully 
directed  by  the  voters  of  such  district  at  any  regular  or  special 
meeting,  and  shall  carry  into  effect  all  lawful  orders  of  the 
district.  (Laws  1876,  ch.  122,  art.  4,  sec.  21.) 

§  379.  School  Property.  [8973]  The  district  board  shall 
have  the  care  and  keeping  of  the  schoolhouse  and  other  prop- 
erty belonging  to  the  district.  They  shall  have  power  to  make 
such  rules  and  regulations  relating  to  the  district  library  as 
they  may  deem  proper,  and  to  appoint  some  suitable  person  to 
act  as  librarian,  and  to  take  charge  of  the  school  apparatus 
belonging  to  the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  22.) 

§380.  Use  of  Schoolhouse.  [8983]  The  district  board  shall 
have  the  care  and  keeping  of  the  schoolhouse  and  other  prop- 
erty belonging  to  the  district.  They  are  hereby  authorized103 
to  open  the  schoolhouse  for  the  use  of  religious,  political,  lit- 
erary, scientific,  mechanical,  or  agricultural  societies,  or  so- 
cieties for  the  suppression  of  crime  belonging  to  their  district, 
for  the  purpose  of  holding  the  business  or  public  meetings  of 
said  societies,  under  such  regulations  as  the  school  board  may 
adopt ;  but  it  shall  be  unlawful  for  the  school  board  to  act  arbi- 

102.  See  section  371  of  this  book  for  penalty  for  refusing  or  neglecting 
to  turn  over  all  records  to  successor. 

103.  This  does  not  mean  that  school  boards  must  open  the  schoolhouse 
the  purpose  mentioned,  but  that  they  may,  if  they  think  it  best  to  do 


CH.    11]  DISTRICT   OFFICERS.  135 

trarily  or  partially  in  the  matter  of  prescribing  regulations  for 
the  use  of  the  schoolhouse ;  and  any  abuse  of  their  powers  by 
the  school-district  board  may  be  corrected  by  the  district  court 
through  mandamus  or  injunction  on  the  application  of  any  of 
the  aforementioned  societies.104  (Laws  1913,  ch.  284,  sec.  1.) 

§  381.  Water-closets.  [9444]  That  the  school  boards  and 
boards  of  education  having  supervision  over  any  school  dis- 
trict in  this  state  shall  provide  and  maintain  suitable  and  con- 
venient water-closets  for  each  of  the  schools  under  their 
charge  or  supervision.  There  shall  be  at  least  two  in  number, 
which  shall  be  entirely  separate  from  each  other.  It  shall  be 
the  duty  of  the  officers  aforesaid  to  see  that  the  same  are  kept 
in  a  neat  and  wholesome  condition ;  and  failure  to  comply  with 
the  provisions  of  this  act  by  the  aforesaid  officers  shall  be 
grounds  for  their  removal  from  office.  (Laws  1891,  ch.  197, 
sec.  1.) 

§382.  Removal  of  Schoolhouse,  etc.  [8982]  That  whenever 
a  schoolhouse  or  other  improvements  have  been  made  upon  a 
claim  of  any  settler  upon  any  of  the  public,  Indian  or  railroad 
lands  within  this  state,  to  which  the  said  settler  had  no 
title,  it  shall  be  lawful  for  the  school  directors  of  the  proper 
school  district  to  remove  the  said  schoolhouse  or  other  im- 
provements from  the  said  claim  at  any  time  within  one  year 
from  the  time  that  the  settler  in  any  given  case  may  acquire 
a  title  to  his  said  claim:  Provided,  That  if  the  said  settler, 
in  any  given  case,  shall  convey  to  said  board  of  school  di- 
rectors one  acre  of  the  land  upon  which  said  schoolhouse  or 
other  improvements  are  situated,  the  same  shall  not  be  re- 
moved :  And  provided  further,  That  if  any  schoolhouse  shall 
have  been  built  of  stone,  brick,  or  frame,  costing  not  less  than 
$500,  the  probate  judge  of  the  county  shall  appoint  three  dis- 
interested persons,  who  shall  appraise  and  condemn  one  acre 
of  such  land  upon  which  said  improvements  shall  have  been 
located ;  and  it  shall  be  the  duty  of  the  school  director  of  such 
district  to  pay  the  owner  of  such  land  the  value  of  such  land  as 
found  by  said  appraisers.  (Laws  1876,  ch.  122,  art.  4,  sec.  32.) 

§  383.  Nonresident  Pupils.  [8974]  The  district  board  shall 
have  power  to  admit  scholars  from  adjoining  districts.  (Laws 
1876,  ch.  122,  art.  4,  sec.  23.) 

§  384.  Teachers.  [8975]  The  district  board  in  each  district 
shall  contract  with  and  hire  qualified  teachers105  for  and  in 

104.  The  law  restricts  the  board  to  the  several  societies  named  in  this 
section.     The  board  cannot  legally  open  the  schoolhouse  for  other  uses 
aside  from  the  use  of  the  schoolhouse  for  all  business  connected  directly 
with  the  schools  of  the  district. 

105.  It  is  held   (1)   that  a  "qualified"  teacher  is  one  holding  a  legal 
certificate;  a  contract  with  any  other  than  a  legally  qualified  teacher  is 
not  a  legal  contract;   (2)   should  the  teacher's  certificate  expire  by  limit 


136  DISTRICT   OFFICERS.  [CH.    11 

the  name  of  the  district,106  which  contract  shall  be  in  writing, 
and  shall  specify  the  wages  per  week  or  month  as  agreed 
upon  by  the  parties,  and  such  contract  shall  be  filed  in  the  dis- 
trict clerk's  office,107  and,  in  conjunction  with  the  county  super- 
intendent, may  dismiss  for  incompetency,  cruelty,  negligence, 
or  immorality.108  (Laws  1876,  ch.  122,  art.  4,  sec.  24.) 

§  385.  Employment  of  Relatives.  [9037]  Any  person  being 
related  to  a  school-district  officer  as  husband  or  wife,  son  or 
daughter,  shall  not  be  eligible  to  the  position  of  teacher  in 
such  school  district,  unless  employed  by  a  unanimous  vote  of 
all  the  members  of  such  board.  (Laws  1901,  ch.  304,  sec.  1.) 

§  386.  Contracts  Void.  [9038]  Any  contract  made  in  viola- 
tion of  this  act109  shall  be  null  and  void,  and  any  school-district 
officer  so  violating  shall  be  liable  to  the  person  or  persons  so 
employed  for  all  claims  such  person  or  persons  may  have 
against  such  district  for  wages.  (Laws  1901,  ch.  304,  sec.  2.) 

§  387.  Records  and  Reports.  [9010]  It  shall  be  the  duty  of 
the  teachers  of  every  district  school  or  graded  school  to  keep, 
in  a  register  for  this  purpose,  a  daily  record  of  the  attendance 
and  the  deportment  of  each  pupil,  and  of  the  recitations  of  each 
pupil  in  the  several  branches  pursued  in  said  school,  and  to 
make  out  and  file  with  the  district  clerk,  at  the  expiration  of 
each  term  of  the  school,  a  full  report  of  the  whole  number  of 
scholars  admitted  to  school  during  such  term,  distinguishing 
between  male  and  female,  the  text-books  used,  the  branches 
taught,  and  the  number  of  pupils  engaged  in  the  study  of  said 
branches,  and  any  other  information  the  district  board  or 
county  superintendent  may  require.110  The  wages  of  a  teacher 
for  the  last  month  of  a  school  term  shall  not  be  paid  by  any 
district  board,  unless  said  teacher  shall  have  complied  with  the 

of  date  during  a  term  of  school,  said  teacher  must  procure  a  new  certifi- 
cate or  the  contract  becomes  null  and  void;  and  (3)  a  contract  to  teach 
made  by  a  district  board  with  a  member  of  said  board  is  contrary  to 
public  policy.  See  note  80  as  to  the  lack  of  authority  of  the  district  meet- 
ing to  determine  who  the  teacher  shall  be. 

106.  Contract.    It  is  not  legal  for  a  school-district  board,  previous  to 
the  annual  meeting,  to  employ  teachers  for  the  new  term  of  school. 

107.  Teachers  are  entitled  to  pay  for  the  time  during  which  school  is 
dismissed  due  to  the  prevalence  of  a  contagious  disease  in  the  district. 

108.  Janitor  Work.    In  the  absence  of  any  law  making  it  is  the  duty  of 
the  teacher  to  assume  the  responsibility  of  janitor  work  necessary  for  the 
comfort  and  good  order  of  the  school  under  her  charge,  such  work  being 
necessary  and  indispensable,  and  further,   since  the  provision  for   the 
equipment  of  the  school  is  clearly  the  duty  of  the  board,  the  inference 
certainly  must  be  that  the  care  of  the  schoolhouse  property  belongs  to 
the  district  board,  and  in  no  way  can  it  be  construed  as  a  part  of  the 
teacher's  duties,  unless  the  contract  entered  into  by  the  same  shall  so 
provide.    Teachers  can  not  collect  pay  for  janitor  service  unless  the  con- 
tract so  provides. 

109.  See  section  385  of  this  book. 

110.  See  section  241  of  this  book  for  additional  reports  required  under 
the  compulsory-education  law. 


CH.    11]  DISTRICT   OFFICERS.  137 

requirements  of  this  section.  (Laws  1876,  ch.  122,  art.  6, 
sec.  1.) 

§  388.  Necessary  Appendages.  [8976]  The  district  board 
shall  provide  the  necessary  appendages111  for  the  schoolhouse 
during  the  time  a  school  is  taught  therein,  and  shall  keep  an 
accurate  account  of  all  expenses  thus  incurred,  and  present 
the  same  for  allowance  at  any  regular  district  meeting.  (Laws 
1876,  ch.  122,  art.  4,  sec.  25.) 

§389.  Suspend  Pupils;  Appeal.  [8977]  The  district  board 
may  suspend,  or  authorize  the  director  to  suspend,112  from 
the  privileges  of  a  school,  any  pupil  guilty  of  immorality  or 
persistent  violations  of  the  regulations  of  the  school,  which 
suspension  shall  not  extend  beyond  the  current  quarter  of  the 
school :  Provided,  That  the  pupil  suspended  shall  have  the  right 
to  appeal  from  the  decision  of  said  board  of  directors  to  the 
county  superintendent,  who  shall,  upon  a  full  investigation  of 
the  charges  preferred  against  said  pupil,  determine  as  to  his 
guilt  or  innocence  of  the  offense  charged,  whose  decision  shall 
be  final.113  (Laws  1876,  ch.  122,  art.  4,  sec.  26.) 

§  390.  District  Board's  School  Duties.  [8978]  The  district 
board  shall  furnish  each  teacher  with  a  suitable  daily  register, 
and  shall  visit  together,  or  by  one  or  two  of  their  number, 
all  the  schools  of  their  district,  at  least  once  a  term,  and  at 
such  other  periods  during  the  term  as  in  their  opinion  the 
exigencies  of  each  school  may  require;  at  which  visits  they 
shall  examine  the  register  of  the  teacher  and  see  that  it 
is  properly  kept,  and  inquire  into  other  matters  touching  the 
schoolhouse,  facilities  for  ventilation,  furniture,  apparatus, 
library,  studies,  discipline,  modes  of  teaching,  and  improve- 
ment of  the  school;114  shall  confer  with  the  teacher  in  regard 

111.  The  term  "appendages"  should  be  construed  broadly,  so  as  to  in- 
clude necessary  improvements,  such  as  well,  privy,  fence,  etc.    (30  Kan. 
378.) 

112.  Pupils  between  the  ages  of  eight  and  sixteen  can  be  suspended 
only  temporarily,  when  they  are  required  by  the  compulsory-attendance 
law  to  attend  school.     (See  section  237.)     Cases  of  incorrigibility  come 
within  the  jurisdiction  of  the  juvenile  court  when  the  accused  is  under 
the  age  of  sixteen  years.     (See  section  237.) 

113.  The  right  of  the  teacher  to  punish  for  misconduct  extends  from 
the  time  the  pupil  leaves  home  to  go  to  school  until  he  returns  home  from 
school.     This,  however,  does  not  relieve  the  parent  from  control  of  the 
child  on  his  way  to  and  from  school.     The  control  of  school  children  on 
their  way  to  and  from  school  should  be  exercised  concurrently  by  the 
parents   and   teacher.     In   case   of   grave   misconduct,   the   teacher   can 
suspend  a  pupil  until  the  board  can  be  notified  of  such  action,  except 
when  required  by  the  compulsory-attendance  law  to  attend  school.     Due 
diligence  must  be  used  by  the  teacher  to  serve  notice  on  the  board. 

114.  A  school  board  has  a  right  to  make  a  rule  requiring  constant  and 
prompt  attendance  at  school,  such  a  rule  having  in  view  the  securing  of 
the  very  object  contemplated  in  the  law  establishing  public  schools.     The- 
interests  of  the  pupil  and  of  all  the  members  of  the  school  require  prompt- 
ness and  regularity  in  attendance.    Courts  have  held  that  such  a  rule  may 
be  enforced.     (See  chapter  VII  of  this  book.) 


138  DISTRICT   OFFICERS.  [CH.    1: 

to  condition  and  management,  and  make  such  suggestions  sa 
in  their  view  would  promote  the  interest  and  efficiency  of  th< 
school  and  the  progress  and  good  order  of  the  pupils.  The  dat( 
and  results  of  such  visits  shall  be  entered  by  the  clerk  of  the 
board  on  their  minutes.115  (Laws  1876,  ch.  122,  art.  4,  sec.  27.) 
§391.  Taxes;  Clerk  to  Certify;  Commissioners  to  Levy 
Limit.  [8980]  It  shall  be  the  duty  of  the  school-district  clerk 
to  certify  to  the  county  commissioners  of  their  respective 
counties,  on  or  before  the  25th  day  of  July,  annually,  the  ag 
gregate  amount  by  them  determined  in  each  district  to  be 
necessary  for  school  purposes.  Upon  the  receipt  of  such  cer 
tification  the  county  commissioners  shall,  on  or  before  the  firs 
Monday  in  August,  annually,  levy  on  the  real  and  persona! 
property  in  each  district,  as  returned  by  the  assessment  roll  of 
the  county,  a  percentage  which  will  produce  an  amount  equa 
to  and  not  exceeding  by  more  than  five  per  cent  the  amoum 
certified  by  the  district  clerk :  Provided,  hoivever,  No  levy  shal 
exceed  four  and  one-half  mills.  And  the  county  clerk  is  hereby 
authorized  and  required  to  place  the  same  on  the  tax  roll  of 
said  county,  in  a  separate  column  or  columns,  designating  the 
purpose  for  which  such  taxes  were  levied ;  and  the  said  taxes 
shall  be  collected  by  the  county  treasurer  and  paid  over  to  the 
treasurers  of  the  respective  school  districts  in  the  county,  with 
the  same  power  and  restrictions  and  under  the  same  regula- 
tions and  in  all  respects  as  to  the  sale  of  real  or  personal  prop- 
erty. He  shall  be  authorized  and  he  is  hereby  required  to  act 
according  to  the  provisions  and  requisitions  of  the  law  for  the 
collection  of  taxes  for  state  and  county  purposes.  (Laws  1911, 
ch.  271,  sec.  1.) 

115a.  By  the  Laws  of  1920,  school  districts  may  now  vote  not  to  ex- 
ceed six  and  three-fourths  mills  on  a  majority  vote.  For  full  text  of  the 
law,  see  Laws  of  1920,  ch.  52,  sec.  1. 

§  392.  Judgments.  [8981]  Whenever  any  final  judgment 
shall  be  obtained  against  any  school  district,  the  district  board 
shall  levy  a  tax  on  such  taxable  property  in  the  district  for  the 
payment  thereof.116  Such  tax  shall  be  collected  as  other  school- 
district  taxes,  but  no  execution  shall  issue  on  such  judgment 
against  the  school  district;  and  in  case  the  district  board 
neglect  to  levy  a  tax  as  aforesaid  for  the  space  of  thirty  days 

115.  Powers  of  District  Board.  The  district  board  has  the  power  to 
prescribe  the  necessary  rules  and  regulations  for  the  management  and 
government  of  the  school.  They  may  require  a  classification  of  pupils 
with  respect  to  the  branches  of  study  pursued,  and  with  respect  to  pro- 
iciency  or  degree  of  advancement  in  the  same,  and  that  there  shall  be 
prompt  attendance,  diligence  in  study,  and  proper  deportment.  The 
course  of  study  is  prescribed  by  the  State  Board  of  Education.  (See  sec- 
tion 697.) 

HS'  A  J'ud£ment  tax  may  be  levied  in  addition  to  the  six  and  three- 
tourths  mills  for  general  school  purposes,  and  the  amount  of  tax  which 
may  be  levied  to  pay  a  judgment  is  not  limited. 


CH.    11]  UNION   OR  GRADED   SCHOOL  DISTRICTS. 


139 


after  such  judgment  shall  become  final,  or  in  case  the  proper 
officer  shall  neglect  to  collect  the  tax  levied  within  the  time 
and  in  the  manner  provided  by  law,  then  the  judgment  creditor 
of  the  district  may  have  and  recover  a  judgment  against  the 
officer  or  officers  so  in  default  for  the  amounts  due  him  on  such 
judgment  against  the  district,  with  costs,  upon  which  execu- 
tion shall  issue.  (Laws  1876,  ch.  122,  art.  4,  sec.  31.) 

ARTICLE  IV.— Union  or  Graded-school  Districts.117 

NOTE. — A  union  or  graded  school  is  to  be  distinguished  from  a  con- 
solidated school  provided  by  chapter  VIII. 


§393.  How  established. 

394.  Powers  and  duties  of  directors. 

395.  Union  district  may  levy  taxes. 

396.  Authority  to  issue  bonds. 

397.  Duties  of  clerk  of  union  district. 

398.  Duties  of  treasurer  of  union  district. 


§399.  Public  schools  in  cities  shall  receive 
their  share  of  public-school  funds, 
on  what  condition. 

400.  Single  district  may   establish   graded 
schools. 


§393.  How  Established.  [9048]  Whenever  the  inhabitants 
of  two  or  more  school  districts  may  desire  to  unite  such 
districts  for  the  purpose  of  establishing  a  graded  school,  in 
which  instruction  shall  be  given  in  the  higher  grades  of  edu- 
cation, the  clerks  of  the  several  districts  shall,  upon  a  written 
petition  therefor  signed  by  not  less  than  five  voters  from  each 
of  such  districts,  which  voters  shall  be  taxpayers  of  such  dis- 
trict, call  a  meeting  of  the  voters  of  such  districts  to  be  held  at 
some  convenient  place,  by  posting  up  written  notices  thereof  in 
the  same  manner  as  is  provided  for  calling  district  meetings ; 
and  if  a  majority  of  the  votes  cast  from  each  of  the  two  or  more 
districts  shall  be  in  favor  of  uniting  such  districts  for  the  pur- 
pose hereinbefore  stated,  they  shall,  at  that  meeting  or  at  an 
adjourned  meeting,  elect  a  board  of  directors,  consisting  of  a 
director,  clerk  and  treasurer.  (Laws  1915,  ch.  301,  sec.  1.) 

§  394.  Duties  of  Board  of  Directors.  [9049]  The  board  of 
directors  provided  in  the  preceding  section  shall,  in  all  mat- 
ters relating  to  the  graded  schools,  possess  all  the  powers  and 
discharge  all  the  like  duties  of  the  district  board  of  directors, 
as  prescribed  in  this  act.  (Laws  1876,  ch.  122,  art.  7,  sec.  2.) 

§  395.  Union  District  May  Levy  Taxes.  [9050]  The  said 
union  district  may  levy  taxes  for  the  purpose  of  purchasing  a 
building  or  furnishing  proper  buildings  for  the  accommodation 
of  the  school,  or  for  the  purpose  of  defraying  necessary  ex- 
penses and  paying  teachers,  but  shall  be  governed  in  all  re- 
spects by  the  law  provided  for  levying  and  collecting  district 
taxes.  (Laws  1913,  ch.  280,  sec.  1.) 

117.  The  individual  districts  may  still  conduct  their  usual  district 
schools  but  be  a  part  of  this  union  district  for  instruction  in  the  higher 
branches.  The  plan  is  virtually  to  provide  a  central  high  school.  A  reso- 
lution adopted  at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose  is  necessary  before  a  graded  school  is  subject  to  the  provisions 
of  this  act. 


140  UNION   OR  GRADED   SCHOOL  DISTRICTS.  [CH.    11 

§  396.  Authority  to  Issue  Bonds.  [9191]  That  for  the  pur- 
pose [of]  building,  erecting,  constructing  or  purchasing  one  or 
more  schoolhouses,  the  union  or  graded-school  districts  organ- 
ized and  existing  under  chapter  122  of  the  Laws  of  1876  and 
the  acts  amendatory  thereof  and  supplemental  thereto,  the 
boards  of  directors  of  such  union  or  graded-school  districts  are 
hereby  authorized  to  issue  bonds.  Said  bonds  shall  be  issued 
in  all  respects  in  conformity  with  the  provisions  of  the  law 
relative  to  the  issuance  of  bonds  of  school  districts  and  subject 
to  the  same  limitations.  (Laws  1913,  ch.  281,  sec.  1.) 

§  397.  Clerk.  [9052]  The  clerk  of  the  union  district  shall 
make  a  report  to  the  county  superintendent  of  public  instruc- 
tion, and  discharge  all  the  duties  of  clerk  in  like  manner  as 
clerk  of  the  district.  (Laws  1876,  ch.  122,  art.  7,  sec.  6.) 

§  398.  Treasurer.  [9053]  The  treasurer  of  the  union  dis- 
trict shall  perform  all  the  duties  of  treasurer  as  prescribed 
in  this  act,  in  like  manner  as  the  district  treasurer.  (Laws 
1876,  ch.  122,  art.  7,  sec.  7.) 

§  399.  Apportionment  to  Cities.  [9054]  The  public  schools 
of  any  city,  town,  or  village,  which  may  be  regulated  by 
special  law  set  forth  in  the  charter  of  said  city,  town,  or 
village,  shall  be  entitled  to  receive  their  proportion  of  the 
public-school  fund :  Provided,  The  clerk  of  the  board  of  educa- 
tion in  such  city,  town  or  village  shall  make  due  report,  within 
the  time  and  manner  prescribed  in  this  act,  to  the  county 
superintendent  of  public  instruction.  (Laws  1876,  ch.  122, 
art.  7,  sec.  8.) 

§400.  Single  District.  [9055]  Any  single  district  shall 
possess  power  to  establish  graded  schools  subject  to  the  pro- 
visions of  this  article,  in  like  manner  as  two  or  more  districts 
united :  Provided,  however,  The  regular  district  board  of  direc- 
tors of  the  district  shall  have  the  power  and  shall  have  the 
management  of  the  schools  of  the  district  and  grade  them  in 
accordance  with  the  action  of  the  annual  district  meeting,  and 
employ  teachers  and  do  all  things  pertaining  to  the  union 
graded  schools,  without  an  additional  board  of  directors,  where 
a  single  district  composes  the  union  graded-school  district: 
And  provided  further,  That  the  director,  clerk  and  treasurer  of 
the  regular  district  board  shall  possess  all  the  powers  to  man- 
age the  union  graded-school  district  when  a  single  district 
composes  the  union  graded-school  district  as  the  director,  clerk 
and  treasurer  have  in  union  or  graded-school  districts  com- 
posed of  two  or  more  districts.  (Laws  1907,  ch.  331,  sec.  1.) 


CH.    11]        DISSOLUTION   OF   UNION   SCHOOL   DISTRICTS.  141 


ARTICLE  V.— Dissolution  of  Union  School  Districts. 

§401.    Petition  and  district  meeting.  I    §403.   Division  of  property  by  county  super- 

402.    Disposition  of  property.  intendent. 

§  401.  Petition  and  District  Meeting.  That  whenever  two 
or  more  school  districts  have  united  to  form  a  union  school 
district  under  the  provisions  of  section  9048  of  the  General 
Statutes  of  1915,  and  when  there  is  established  and  maintained 
in  one  of  the  original  districts  composing  said  union  district 
a  high  school  under  the  act  commonly  known  as  the  Barnes 
high-school  act,  said  union  district  may  be  dissolved  in  the 
following  manner:  Upon  a  written  petition  of  twenty-five 
per  cent  of  the  voters  of  every  original  district  comprising 
such  union  school  district  asking  that  said  district  be  disorgan- 
ized as  herein  provided,  the  clerk  of  said  union  school  dis- 
trict shall  post  printed  notices  such  as  are  now  required  by 
law  for  school  district  meetings,  calling  a  school  district 
meeting  of  such  union  district  at  the  schoolhouse  of  said 
district  for  the  purpose  of  voting  upon  the  proposition 
of  disorganization  of  said  union  district  as  stated  in  said  no- 
tices. In  any  school  district  voting  on  the  proposition,  a 
majority  of  the  votes  cast  shall  be  sufficient  to  carry  the  propo- 
sition. The  vote  at  such  school  meeting  shall  be  by  ballot, 
which  shall  read  "For  disorganization"  or  "Against  disorgani- 
zation." Upon  such  proposition  being  carried,  the  clerk  of  said 
school  district  shall  thereupon,  in  writing,  notify  the  county 
superintendent  of  such  action.  Upon  receiving  such  notice,  it 
shall  be  the  duty  of  the  county  superintendent  to  make  an 
order  dissolving  said  union  district  and  to  file  said  order  with 
the  county  clerk,  and  the  county  superintendent  shall  publish 
in  the  official  county  paper  for  three  consecutive  weeks  a  notice 
of  such  dissolution  and  of  the  order  by  him,  which  publication 
notice  shall  be  completed  not  less  than  sixty  days  after  the  re- 
ceipt by  the  county  superintendent  of  the  notice  from  the 
clerk  of  said  union  district  as  herein  provided,  and  upon  the 
completion  of  said  notice  and  the  filing  of  proof  of  publication, 
the  said  district  shall  be  disorganized  and  dissolved,  and  the 
districts  composing  said  union  district  shall  be  and  become 
separate  school  districts,  with  their  boundaries  remaining  the 
same  as  they  were  at  the  time  of  the  original  consolidation  of 
said  districts  into  a  union  district.  (Laws  1919,  ch.  260, 
sec.  1.) 

§  402.  Disposition  of  Property.  Upon  the  disorganization 
of  said  union  school  district,  the  school  property  owned  by  the 
various  districts  composing  said  union  district  at  the  time  of 
the  organization  of  said  union  district  shall  become  and  be  the 
property  of  the  district  originally  owning  such  property,  and 
any  property  obtained  and  owned  by  such  union  district 


142  SPECIAL  AID  TO  LANSING.  [CH.    11 

since  its  organization  shall  upon  such  dissolution  be  divided 
among  the  various  school  districts  in  proportion  to  the  as- 
sessed valuation  of  such  districts.  (Laws  1919,  ch.  260,  sec.  2.) 
§403.  Division  of  Property  by  County  Superintendent. 
Such  division  shall  be  made  by  the  county  superintendent, 
and  if  he  shall  find  it  impossible  to  make  a  division  of  the 
joint  property  in  kind,  then  he  shall  notify  such  districts 
of  such  fact,  and  such  districts  composing  the  original  union 
district  shall  have  an  opportunity  to  bid  for  such  joint  prop- 
erty, and  he  shall  sell  the  same  to  the  school  district  making 
the  highest  bid  therefor:  Provided,  That  if  none  of  the  school 
districts  composing  such  union  district  shall  bid  for  such  joint 
property,  then  said  county  superintendent  shall  cause  the  same 
to  be  sold,  and  shall  divide  the  proceeds  among  the  several 
districts  according  to  the  assessed  valuation  of  such  districts. 
(Laws  1919,  ch.  260,  sec.  3.) 

ARTICLE  VI.— Special  Aid,  Lansing. 

§404.  Appropriation. 
§405.  Warrants  authorized. 

§404.  Appropriation.  That  there  is  hereby  appropriated, 
out  of  any  money  in  the  state  treasury,  the  sum  of  one  thousand 
dollars  for  the  fiscal  year  ending  June  30,  1920,  and  one  thou- 
sand dollars  for  the  fiscal  year  ending  June  30,  1921,  to  be  used 
by  the  board  of  directors  of  school  district  No.  75,  located  in 
Lansing,  Leavenworth  county,  Kansas,  in  aid  of  the  teachers 
and  incidental  fund  raised  by  said  school  district  No.  75,  at 
Lansing,  Leavenworth  county,  Kansas.  (Laws  1919,  ch.  55, 
sec.  1.) 

§  405.  Warrants  Authorized.  The  auditor  of  state  is  hereby 
ordered  to  draw  his  warrants  on  the  treasurer  of  state  for  the 
sum  specified  in  section  1  of  this  act,  upon  properly  itemized 
and  verified  vouchers  of  the  treasurer  of  school  district  No.  75, 
located  at  Lansing,  Leavenworth  county,  Kansas,  approved  by 
the  director  and  clerk  of  said  school  district  No.  75 ;  said  war- 
rants to  be  in  the  sum  of  one  thousand  dollars  each,  one  war- 
rant payable  on  the  first  day  of  September,  1919,  and  the  other 
warrant  payable  on  the  first  day  of  September,  1920.  (Laws 
1919,  ch.  55,  sec.  2.) 


CH.    12]  EXTENSION   WORK.  143 


CHAPTER  XII.— Extension  Work. 
ARTICLE  I. — Extension  Work  in  Agriculture  and  Home  Economics. 

§406.   Duplicating  Federal  funds. 
§407.  Warrants   authorized. 

§  406.  Duplicating  Federal  Funds.  That  for  the  purpose  of 
duplicating  federal  funds  for  cooperative  extension  work  in 
agriculture  and  home  economics  in  Kansas  to  be  carried  on 
under  the  direction  and  supervision  of  the  Kansas  State  Agri- 
cultural College,  under  the  provisions  of  the  federal  Smith- 
Lever  act,  there  is  hereby  appropriated  to  the  Kansas  State 
Agricultural  College  for  said  purpose,  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  for  the  fiscal  year 
ending  June  30,  1920,  $63,073.65 ;  and  for  the  fiscal  year  end- 
ing June  30,  1921,  $75,203.20.  (Laws  1919,  ch.  51,  sec.  1.) 

§  407.  Warrants  Authorized.  The  auditor  of  state  is  hereby 
authorized  to  draw  his  warrants  upon  the  treasurer  of  state 
for  the  purpose  herein  provided,  upon  duly  itemized  and  ap- 
proved vouchers  by  the  State  Board  of  Administration,  or  by 
such  officer  or  person  as  they  may  authorize  to  approve  said 
vouchers.  (Laws  1919,  ch.  51,  sec.  2.) 


144 


FINES   AND   PENALTIES. 


[CH.    13 


CHAPTER  XIIL— Fines  and  Penalties. 


ill.  Officers  prohibited  from  hiking  con- 
tracts, doing  work  for  profit,  or 
furnishing  material. 


§408.  Jurisdiction  of  justices  of  the  peace. 

409.  Fines  and  penalties,  how  collected. 

410.  Penalty    for    receiving    bonus    from 

publisher  of  school-books. 

§  408.  Jurisdiction.  [9060]  Justices  of  the  peace  shall  have 
jurisdiction  in  all  cases  in  which  a  school  district  is  a  party 
interested,  when  the  amount  claimed  by  the  plaintiff  shall  not 
exceed  $100 ;  and  the  parties  shall  have  the  right  of  appeal  as 
in  other  cases.  (Laws  1876,  ch.  122,  art.  9,  sec.  1.) 

§  409.  How  Collected.  [9061]  All  fines  and  penalties  not 
otherwise  provided  for  in  this  act  shall  be  collected  by  an  action 
in  any  court  of  competent  jurisdiction.  (Laws  1876,  ch.  122, 
art.  9,  sec.  2.) 

§  410.  Penalty  for  Receiving  Bonus.  [9062]  If  the  state 
superintendent,  or  any  county  superintendent  of  public  in- 
struction, shall  receive  from  the  publisher  of  any  sehoolbooks, 
or  from  any  other  person  interested  in  the  sale  or  introduction 
of  any  book  into  the  public  schools  in  the  state,  any  money  or 
bonus  in  any  manner  as  an  inducement  for  the  recommendation 
or  introduction  of  any  such  book  into  the  public  schools  of  the 
state,  such  superintendent  shall,  upon  conviction  thereof  before 
any  court  of  competent  jurisdiction,  be  found  guilty  of  a  mis- 
demeanor, and  shall  be  fined  in  a  sum  not  less  than  $1,000  nor 
exceeding  $5,000,  or  shall  be  imprisoned  in  the  penitentiary 
for  any  time  not  less  than  one  year  nor  more  than  five  years,  or 
both  such  fine  and  imprisonment.  (Laws  1876,  ch.  122,  art. 
9,  sec.  3.) 

§411.  Officers  Prohibited  from  Taking  Contracts,  Doing 
Work  for  Profit,  or  Furnishing  Material.  [3741]  That  all 
officers,  state  and  county,  and  all  officers  appointed  or  elected 
for  the  purpose  of  overseeing  and  directing  any  of  the  public 
improvements  of  the  state,  and  all  officers  holding  and  exer- 
cising any  office  of  trust  or  profit  under  and  by  virtue  of  any 
law  of  the  state,  be  and  they  are  hereby  prohibited  from  tak- 
ing any  contract,  or  performing  or  doing  or  having  performed 
or  done  for  their  own  profit,  any  work  in  and  about  the  office 
holden  by  them,  or  in  or  about  any  work  over  which  they  have 
in  whole  or  in  part  the  supervision,  direction  or  control,  and 
from  furnishing  any  materials  used  in  any  such  work,  and 
from  furnishing  for  the  use  of  any  institution,  public  work, 
county,  township,  or  other  interest,  the  protection  of  which 
interest  is  a  part  of  the  duties  of  his  office,  any  firewood,  cloth- 
ing, materials  for  building,  or  other  things  required  by  such 
institution,  public  work,  county,  township  or  other  interest  so 
in  the  keeping,  in  whole  or  in  part,  of  such  person.  (Laws 
1867,  ch.  123,  sec.  4.) 


CH.    14]  FIRE   PROTECTION. 


145 


CHAPTER  XIV.— Fire  Protection. 


§417.  Fire-drills. 

418.  Penalty. 

419.  Time  for  compliance. 

420.  Duty  of  state  tire  marshal;  fire-drills; 

instruction  in  fire  prevention. 


§412.    Doors  of  schoolhouses. 

413.  Exits,  fire  escapes. 

414.  Furnaces. 

415.  Plans  of  buildings  submitted  to  state 

architect. 

416.  Inspection,  duty  of  school  boards. 

§  412.  Doors  of  Schoolhouses.  [9400]  That  the  doors  of 
all  public  or  private  schoolhouses  of  more  than  one  story  shall 
open  outwards,  and  all  doors  of  schoolhouses  shall  remain  un- 
locked while  school  is  in  session.  (Laws  1909,  ch.  209,  sec.  1.) 

§  413.  Exits,  Fire  Escapes.  [9401]  That  in  every  public  or 
private  schoolhouse  of  two  or  more  stories  every  story  above 
the  first  shall  be  provided  with  either  two  or  more  exits  from 
the  upper  floor  separate  and  distinct  from  the  exits  of  the 
lower  floor,  or  shall  be  provided  with  sufficient  and  suitable 
fire  escapes,118  which  shall  be  built  of  iron  or  steel.  (Laws 
1909,  ch.  209,  sec.  2.) 

§  414.  Furnaces.  [9402]  That  the  tops  of  all  furnaces  in 
public  and  private  schoolhouses  shall  be  covered  with  asbestos 
covering  or  masonry,  and  the  top  of  such  furnace  shall  not 
be  nearer  than  eighteen  inches  to  the  nearest  woodwork  above. 
The  ceiling  above  said  furnaces  shall  be  covered  with  asbestos. 
(Laws  1909,  ch.  209,  sec.  3.) 

§415.  Plans  of  Buildings  Submitted  to  State  Architect. 
[9403]  That  no  contract  shall  be  let  for  the  erection  of  any 
school  building,  nor  shall  any  public  funds  be  paid  out  for  the 
erection  of  schoolhouses  of  two  or  more  stories,  until  the  plans 
for  such  building  shall  have  been  submitted  to  the  state  archi- 
tect and  approved  as  to  all  the  requirements  of  this  act.  (Laws 
1909,  ch.  209,  sec.  4.) 

§416.  Inspection;  Duty  of  School  Boards.  [9404]  That 
each  county  superintendent  shall  annually  inspect  each  public- 
school  building,  including  the  county  high-school  building,  in 
districts  under  his  supervision ;  and  the  mayor  or  fire  marshal 
shall  annually  inspect  all  public  and  private  school  buildings 
in  cities  of  the  second  class;  and  the  fire  marshal  shall  an- 
nually inspect  all  public  and  private  school  buildings  in  cities 
of  the  first  class.119  The  examining  officer  under  this  section 
shall  report  to  the  respective  school  boards  having  jurisdiction 
any  violation  of  this  act,  or  any  conditions  which  he  may  deem 
dangerous,  or  which  will  in  any  way  prevent  a  speedy  exit 

118.  A  ladder  fire  escape  is  not  a  "suitable"  fire  escape  for  a  school- 
house. 

119.  See  sections  1024-1026,  General  Statutes  of  1915,  concerning:  the 
condemning  of  buildings  in  cities  of  the  third  class. 


146  FIRE   PROTECTION.  [CH. 

from  the  building,  and  it  shall  be  the  duty  of  said  school  boardj 
when  thus  notified  immediately  to  make  such  changes  as  ar 
required  by  this  act,  and  such  boards  are  hereby  authorize 
to  draw  upon  their  general  revenue  funds,  without  furthe 
appropriation,  to  comply  with  all  the  requirements  of  this  act 
(Laws  1909,  ch.  209,  sec.  5.) 

§  417.  Fire-drills.  [9405]  That  in  every  public  or  private 
school  having  more  than  one  hundred  pupils  (excepting  col- 
leges and  universities)  a  fire-drill  and  summary  dismissal  from  • 
the  building  shall  be  practiced  at  least  once  each  month  at  some 
time  during  school  hours,  aside  from  the  regular  dismissal  at 
the  close  of  the  day's  session.  (Laws  1909,  ch.  209,  sec.  6.) 

§  418.  Penalty.  [9406]  That  any  officer  or  member  of  a 
school  board  who  shall  permit  any  provision  of  this  act  to  be 
violated  for  sixty  days  may  be  removed  from  his  office  by  a 
civil  action.  Independent  of  such  civil  action,  any  officer, 
member  of  a  school  board,  city  superintendent,  principal  or 
teacher  violating  any  provision  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  or  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  jail  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment :  Provided,  however,  That  this  act  shall  not  pre- 
vent the  prosecution  and  punishment  of  an  officer  or  other 
person  under  the  ordinary  provisions  of  the  crimes  act  for 
death  or  injury  to  any  child  in  a  public  or  private  school 
occasioned  by  the  negligence  of  such  officer  or  other  person. 
(Laws  1909,  ch.  209,  sec.  7.) 

§419.  Time  for  Compliance.  [9407]  That  within  sixty 
days  after  the  taking  effect  of  this  act  the  provisions  of  sec- 
tion 1  of  this  act  must  be  fully  complied  with,  and  within  one 
hundred  and  twenty  days  the  provisions  of  sections  2  and  3 
must  be  complied  with;  and  any  neglect  to  comply  with  the 
provisions  of  this  act  beyond  the  times  herein  specified  shall 
subject  the  officers  and  persons  named  in  this  act  to  the  penal- 
ties prescribed  in  this  act.  (Laws  1909,  ch.  209,  sec.  8.) 

§  420.  Duty  of  State  Fire  Marshal;  Fire-drills;  Instruction 
in  Fire  Prevention.  That  it  shall  be  the  duty  of  the  state  fire 
marshal  and  his  deputies  to  require  all  boards  of  education  or 
school  boards  of  all  public  and  private  schools  in  all  buildings 
to  see  that  all  teachers  of  said  schools  shall  have  a  fire-drill  at 
least  once  each  month,  and  to  keep  all  doors  and  exits  to  or 
from  the  room  unlocked  during  school  hours,  and  shall  use  no 
kerosene  for  building  fires  in  buildings  where  they  teach.  The 
state  fire  marshal  shall  prepare  a  bulletin  or  text  upon  the 
causes  and  dangers  of  fires  and  have  the  same  published  and 
deliver  the  same  to  the  public  schools  throughout  the  state ;  and 
the  teachers  of  said  schools  shall  be  required  to  instruct  their 
pupils  with  reference  to  the  causes  and  dangers  of  fires.  It 


CM.    14]  FIRE   PROTECTION.  147 

shall  be  the  duty  of  said  school  boards,  boards  of  education,  or 
boards  of  trustees  of  all  public  and  private  schools  in  this  state, 
and  the  teachers,  janitors,  and  custodians  in  such  schools,  to 
have  the  fire-drill,  give  the  instruction,  keep  the  doors  and 
exits  unlocked  during  school  hours,  and  in  all  respects  conform 
to  all  requirements  made  by  law,  or  the  fire  marshal,  concern- 
ing the  prevention  of  fires  and  the  imparting  of  information 
concerning  the  same;  and  any  such  person  violating  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  $5.00  nor 
more  than  $10.00  for  each  offense.  (Laws  1917,  ch.  198, 
sec.  16.) 


148  HIGH    SCHOOLS.  [CH.    15 


CHAPTER  XV.— High  Schools. 
ARTICLE  I.— High-school  Tuition. 

§421.   Admission     of     nonresidents     to     ac-    I    §422.   Tax  levy  for  high-school  tuition. 

credited  high  schools.  j      423.  Certificate  of  attendance;  payment. 

§  421.  Admission  of  Nonresidents  to  Accredited  High 
Schools.  [9361]  In  every  county  in  this  state  in  which  pro- 
vision is  not  otherwise  made  for  free  high-school  tuition  for 
every  qualified  pupil  residing  in  said  county,  any  pupil  residing 
in  any  school  district  which  does  not  maintain  a  high  school 
with  a  four-year  course  accredited  by  the  State  Board  of  Edu- 
cation shall  be  admitted  to  any  accredited  high  school  in  said 
county,  on  presentation  of  a  common  school  diploma  signed  by 
the  county  superintendent  of  public  instruction  and  certifying 
that  said  pupil  has  completed  the  course  of  study  prescribed 
by  the  State  Board  of  Education  for  elementary  rural  or  graded 
school ;  and  the  tuition  of  such  pupils  shall  be  paid  as  herein- 
after provided:  Provided,  That  any  pupil  residing  in  any 
school  district  which  does  not  maintain  a  high  school  with  a 
four-year  course  accredited  by  the  State  Board  of  Education 
shall,  if  he  desires,  be  admitted  to  the  high  school  nearest  his 
residence  in  the  county  of  his  residence  or  adjoining  county; 
whether  such  high  school  maintain  a  four-year  course  or  less 
and  his  tuition  shall  be  paid  in  the  same  manner  and  from  the 
same  fund  as  provided  when  attending  an  accredited  high 
school  maintaining  a  four-year  course.  (Laws  1915,  ch.  314, 
sec.  1.) 

§422.  Tax  Levy  for  High-school  Tuition.  [9363]  The 
county  superintendent  of  public  instruction  shall,  on  or  before 
the  25th  day  of  July  in  each  year,  certify  to  the  board  of  county 
commissioners  the  number  of  qualified  pupils  as  provided  in 
section  1  of  this  act,  and  the  amount  necessary  to  pay  the  high 
school  tuition  of  said  pupils  for  the  ensuing  year  at  the  rate  of 
one  dollar  per  week;  and  the  county  commissioners  shall  levy 
on  all  of  the  taxable  property  in  said  county,  excluding  from 
said  levy  the  property  of  any  district  or  city  in  which  is  main- 
tained a  four-year  accredited  high  school,  or  rural  high  school, 
a  tax  sufficient  to  pay  said  high-school  tuition  as  certified  by 
the  county  superintendent;  and  in  case  the  county  commis- 
sioners shall  fail  to  make  such  levy,  then  the  county  superin- 
tendent of  public  instruction  shall  make  a  suitable  levy  and 
shall  certify  the  same  to  the  county  clerk,  who  shall  enter  upon 
the  tax  rolls  the  levy  so  made  by  the  county  superintendent; 
the  county  treasurer  shall  collect  said  tax  in  the  same  manner 
in  which  other  taxes  are  collected  and  shall  pay  the  same  to 
treasurers  of  school  districts  and  treasurers  of  boards  of  edu- 
cation as  hereinafter  provided.  (Laws  1915,  ch.  314,  sec.  3.) 


CH.  15] 


COUNTY   HIGH    SCHOOLS. 


149 


§423.    Certificate    of    Attendance;    Payment    of    Tuition. 

[9364]  The  district  clerk  of  any  school  district  and  the  clerk 
of  the  board  of  education  of  any  city  of  the  first  or  second  class 
located  in  any  county  in  which  this  act  applies,  as  provided  in 
section  1,  shall,  on  or  before  the  30th  day  of  June  of  each  year, 
certify  to  the  county  superintendent  of  public  instruction  the 
names  and  the  number  of  nonresident  pupils  enrolled  in  the 
high  school  of  said  district  or  city  during  the  year  ending  on 
the  30th  day  of  June,  and  the  number  of  weeks  or  fraction 
thereof  during  which  each  of  said  pupils  has  attended  said 
high  school,  and  the  county  superintendent  shall  certify  the 
same  to  the  county  treasurer;  the  county  treasurer  shall  pay 
to  the  school  district  treasurers  and  to  the  treasurers  of  boards 
of  education  an  amount  sufficient  to  pay  the  high  school  tuition 
of  said  pupils  at  the  rate  of  one  dollar  for  each  week's  attend- 
ance or  fraction  thereof;  and  if  the  tuition  fund  herein  pro- 
vided for  shall  not  be  sufficient  to  pay  the  full  amount  of  said 
tuition,  then  said  fund  shall  be  distributed  pro  rata  among  the 
districts  and  cities  entitled  to  such  fund,  and  any  deficiency 
shall  be  provided  for  in  making  the  levy  for  the  succeeding 
year.  (Laws  1915,  ch.  341,  sec.  4.) 


ARTICLE  II.— County  High  Schools  in  Counties  Having  a  'Population 

of  Over  2,000. 


§424.  What  counties  may  establish. 

425.  Election,  how  called. 

426.  Ballots  canvassed. 

427.  Election  of  trustees. 

428.  President,  secretary  and  treasurer. 

429.  Levy  by  trustees. 

430.  Levy  limited. 

431.  Levy  limited;  exceptions. 

432.  Levy  limited  in  certain  counties. 

433.  Petition. 

434.  Taxes  levied  and  collected. 

435.  Duties  of  treasurer  and  secretary. 

436.  Site  purchased;  buildings. 

437.  Bonds  for   county   high-school   build- 

ings. 

438.  Bond  election. 


§439.  Election  for  establishing  county  high 
school,  and  voting  bonds  for  build- 
ing. 

440.  Limit  of  bonds. 

441.  Levy  for   interest  and  sinking  fund. 

442.  Act  applies  to  certain  counties. 

443.  Employment  of  principal   and   teach- 

ers. 

444.  Courses  of  instruction. 

445.  Tuition  and  admission. 

446.  Nonresident  pupils. 

447.  Rules  and  regulations. 

448.  Report  of  trustees. 

449.  Vacancies  in  board  of  trustees. 

450.  Compensation  of  tmstees. 


§  434.  What  Counties  May  Establish.  [9287]  That  each 
county  having  a  population  of  two  thousand  inhabitants  or 
more,  as  shown  by  the  last  state  or  federal  census,  may  estab- 
lish a  county  high  school  on  the  conditions  and  in  the  manner 
hereinafter  prescribed,  for  the  purpose  of  affording  better 
educational  facilities  for  pupils  more  advanced  than  those  at- 
tending district  schools,  and  for  persons  who  desire  to  fit 
themselves  for  the  vocation  of  teaching.  (Laws  1915,  ch.  316, 
sec.  1.) 

§  425.  Election.  [9288]  When  one-third  of  the  electors  of 
a  county,  as  shown  by  the  returns  of  the  last  preceding  elec- 
tion, shall  petition  the  board  of  county  commissioners  request- 
ing that  a  county  high  school  be  established  in  their  county,  at 
a  place  in  the  said  petition  named,  or  whenever  the  said  county 


150  COUNTY   HIGH    SCHOOLS.  [CH.    15 

commissioners  shall  at  their  discretion  think  proper,  they  shall 
give  twenty  days'  notice  previous  to  the  next  general  election, 
or  previous  to  a  special  election  called  for  that  purpose,  that 
they  will  submit  the  question  to  the  electors  of  said  county 
whether  such  high  school  shall  be  established,  and  at  the  place 
specified,  at  which  election  the  electors  of  the  county  shall  vote 
by  ballot  for  or  against  establishing  such  high  school.  The 
notice  contemplated  in  this  section  shall  be  given  as  are  all 
legal  notices  of  a  general  or  a  special  election.  (Laws  1886, 
ch.  147,  sec.  2.) 

§  426.  Ballots  Canvassed.  [9289]  After  said  election  the 
ballots  on  said  question  shall  be  canvassed  in  the  same  manner 
as  in  the  election  of  county  officers,  and  if  a  majority  of  all  the 
votes  cast  shall  be  in  favor  of  establishing  such  high  school, 
the  county  commissioners  shall  immediately  proceed  to  appoint 
six  persons,  who  shall  be  residents  and  freeholders  of  the 
county,  but  no  more  than  two  of  whom  shall  be  residents  of  the 
same  commissioner  district,  who  shall,  with  the  county  super- 
intendent of  instruction,120  constitute  a  board  of  trustees  for 
said  school.  Each  of  said  trustees  appointed  as  aforesaid  shall 
hold  his  office  until  his  successor  is  elected  and  qualified,  and 
shall  be  required,  within  ten  days  after  appointment,  to  qualify 
by  taking  the  usual  oath  of  office  and  by  giving  such  bond  as 
may  be  required  by  said  county  commissioners  for  the  faithful 
discharge  of  his  duties.  (Laws  1903,  ch.  432,  sec.  1.) 

§  427.  Election  of  Trustees.  [9290]  At  the  next  general 
election  after  said  appointment,  there  shall  be  elected121  six 
high-school  trustees,  but  no  more  than  two  of  whom  shall  be 
residents  of  the  same  commissioner  district;  three  of  whom 
shall  serve  for  two  years  and  three  of  whom  shall  serve  for 
four  years,  the  respective  terms  to  be  decided  by  lot;  these 
terms  to  be  known  and  designated  as  short  term  and  full  term, 
respectively.  Each  two  years  thereafter  there  shall  be  elected 
three  trustees,  but  no  more  than  one  of  whom  shall  be  a  resi- 
dent of  the  same  commissioner  district,  to  serve  a  term  of  four 
years,  to  succeed  those  whose  term  is  about  to  expire.  In 
those  counties  in  which  county  high  schools  have  already  been 
established,  the  present  high-school  trustees  shall  serve  until 
after  the  election  in  1904,  at  which  time  six  county-high-school 
trustees  shall  be  elected,  but  no  more  than  two  of  whom  shall 
reside  in  the  same  commissioner  district,  and  all  of  the  above 
provisions  shall  thereafter  apply  to  said  counties.  Said  trus- 
tees shall  qualify  and  enter  upon  the  duties  of  their  office  in 
the  same  manner  and  at  the  same  time  as  other  county  officers. 
(Laws  1903,  ch.  432,  sec.  2.) 

120.  The  county  superintendent  is  entitled  to  vote  on  all  questions 
coming  before  the  board  of  trustees. 

121.  County-high-school  trustees  are  to  be  elected  by  the  entire  county. 


CH.    15]  COUNTY   HIGH    SCHOOLS.  151 

§  428.  President,  Secretary,  and  Treasurer.  [9291]  The 
county  superintendent122  shall,  by  virtue  of  his  office,  be  presi- 
dent of  said  board  of  trustees.  At  their  first  meeting  in  each 
year  they  shall  appoint  from  their  own  number  a  secretary  and 
treasurer,  who  shall  perform  the  usual  duties  devolving  upon 
such  officers,  and  shall  hold  office  for  one  year,  or  until  their 
successors  are  appointed  and  qualified.  Said  treasurer  shall 
give  such  additional  bond  as  the  county  commissioners  shall 
deem  sufficient.  A  majority  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  all  business,  but  four  votes  shall 
be  required  to  decide  any  question.  (Laws  1886,  ch.  147, 
sec.  5.) 

§  429.  Levy  by  Trustees.  [9292]  That  the  board  of  trus- 
tees of  any  county  high  school  in  the  state  of  Kansas  shall  at 
its  first  meeting,  and  annually  thereafter  before  the  first  day  of 
August  of  each  succeeding  year,  make  an  estimate  of  the 
amount  of  funds  needed  for  building  purposes,  for  the  pay- 
ment of  teachers'  wages,  for  contingent  purposes,  and  all  other 
educational  purposes  connected  with  said  high  school,  and  hav- 
ing made  such  estimate  shall  make  an  annual  levy  sufficient  to 
raise  the  amount  desired  for  such  purposes.  But  in  no  case 
shall  the  tax  for  such  purposes  exceed  in  one  year  the  amount 
of  the  levy  allowed  by  law  on  the  taxable  property  of  the 
county.  (See  note.)  (Laws  1909,  ch.  211,  sec.  1.) 

NOTE. — Limited  to  seven  and  one-half  tenths  of  one  mill  by  Laws  1920, 
ch.  52,  sec.  5  (section  430  of  this  book). 

§  430.  Levy  Limited.  That  section  11364  of  the  General 
Statutes  of  Kansas  for  1915  be  and  the  same  is  hereby  amended 
to  read  as  follows :  Sec.  11364.  For  the  purpose  of  maintain- 
ing the  county  high  school  provided  for  by  chapter  147,  Laws  of 
1886,  the  board  of  trustees  shall  not  levy  to  exceed  seven  and 
one-half  tenths  of  one  mill  on  the  assessed  valuation  of  the 
county.  (Laws  1920,  ch.  52.  sec.  5.) 

§  431.  Levy  Limited;  Exceptions.  That  section  1  of  chap- 
ter 288  of  the  Laws  of  1917  be  and  the  same  is  hereby  amended 
to  read  as  follows :  Section  1.  For  the  purpose  of  maintaining 
county  high  schools  provided  for  by  chapter  147,  Laws  of  1886, 
or  any  special  act  now  in  force,  the  board  of  trustees  shall  not 
levy  to  exceed  one  and  three  and  one-half  tenths  mill  on  the 
assessed  valuation  of  the  county :  Provided,  This  act  shall  not 
apply  to  counties  having  a  valuation  in  excess  of  forty-five 
million  dollars:  Provided,  That  this  act  shall  not  apply  to 
counties  having  high  schools  which  were  established  after 
1906.  (Laws  1920,  ch.  52,  sec.  6.) 

§  432.  Limit  of  Levy  in  Certain  Counties.  For  the  purpose 
of  building  and  maintaining  county  high  schools  provided  for 

122.  The  county  superintendent  can  not  legally  be  allowed  any  addi- 
tional compensation  for  services  as  a  member  of  the  county-high-school 
board  except  where  his  salary  is  on  a  per  diem  basis. 


152  COUNTY   HIGH    SCHOOLS.  [CH.    15 

by  chapter  147,  Laws  of  1886,  the  board  of  trustees  shall  not 
levy  to  exceed  three  mills  on  the  assessed  valuation  of  the 
county:  Provided,  This  act  shall  not  apply  to  counties  having  a 
valuation  of  more  than  fifteen  million  dollars.     (Laws  1917 
ch.  327,  sec.  1.) 

§  433.  Petition.  The  board  of  county  commissioners  of  each 
county  are  hereby  given  authority  to  levy  annually  not  to 
exceed  three  mills  upon  the  assessed  valuation  of  the  county  for 
the  purpose  of  building  and  maintaining  county  high  schools 
provided  for  by  chapter  147,  Laws  of  1886 :  Provided,  This  sec- 
tion shall  not  apply  to  counties  having  a  valuation  in  excess  of 
fifteen  million  dollars :  Provided,  That  the  levies  provided  for 
in  sections  1  and  2  of  this  act  shall  not  be  made  except  on  the 
presentation  of  a  petition  signed  by  at  least  51  per  cent  of  the 
qualified  electors  of  the  district  affected  hereby.  (Laws  1917, 
ch.  327,  sec.  2.) 

§434.  Taxes  Levied  and  Collected.  [9293]  Said  rate  of  tax 
shall  be  certified  to  the  county  clerk  of  the  county  in  which 
said  county  high  school  is  situated,  by  the  president  and  sec- 
retary of  said  board  of  trustees,  and  the  said  county  clerk  is 
hereby  authorized  and  required  to  place  the  same  on  the  tax- 
rolls  of  the  county,  and  said  tax  shall  be  collected  in  the  same 
manner  as  other  county  taxes,  and  when  collected  the  county 
treasurer  shall  pay  the  same  to  the  treasurer  of  the  county 
high  school  in  the  same  manner  that  school  funds  are  paid  to 
the  district  treasurers  as  required  by  law.  (Laws  1909,  ch. 
211,  sec.  2.) 

§  435.  Duties  of  Treasurer  and  Secretary.  [9294]  The  said 
treasurer  of  the  high  school  shall  receive  from  the  county 
treasurer,  and  from  other  parties,  all  moneys  that  belong  to 
the  funds  of  said  school,  and  shall  pay  out  the  same  only  by 
direction  of  the  board  of  trustees,  upon  orders  duly  signed  by 
the  president  and  countersigned  by  the  secretary,  stating  the 
purpose  for  which  they  were  drawn.  Both  the  secretary  and 
treasurer  shall  keep  an  accurate  account  of  all  moneys  re- 
ceived and  expended  for  said  school,  and  at  the  close  of  each 
year,  or  oftener  if  required  by  the  board  of  trustees,  they  shall 
make  a  full  statement  of  the  financial  affairs  of  the  school. 
(Laws  1886,  ch.  147,  sec.  8.) 

§  436.  Site  and  Buildings.  [9295]  The  said  board  of  trus- 
tees shall  proceed,  as  soon  as  practicable  after  the  appoint- 
ment as  aforesaid,  to  select,  at  the  place  determined  by  the  vote 
of  the  county,  the  best  site  that  can  be  obtained  without  ex- 
pense to  the  county,  and  the  title  thereof  shall  be  vested  in  the 
said  county ;  they  shall  then  proceed  to  make  purchases  of  ma- 
terial, and  to  let  such  contracts  for  their  necessary  school  build- 
ings as  they  may  deem  proper,  but  shall  not  make  any  purchase 
or  contract  in  any  year  to  exceed  the  amount  on  hand,  and  to  be 
raised  by  the  levy  of  tax  for  that  year.  The  board  of  trustees, 


CH.    15]  COUNTY   HIGH    SCHOOLS.  153 

at  their  discretion,  may  lease  suitable  buildings  for  the  use  of 
the  high  school  while  new  buildings  are  in  process  of  erection, 
the  rent  to  be  paid  by  the  fund  created  by  the  levy  for  high- 
school  purposes.  (Laws  1886,  ch.  147,  sec.  9.) 

§437.  Bonds  for  County  High-school- Building.  That  sec- 
tion 1  of  chapter  282  of  the  Session  Laws  of  Kansas  for  1917 
be  and  the  same  is  hereby  amended  to  read  as  follows:  Sec- 
tion 1.  That  any  county  in  which  a  county  high  school  has 
heretofore  been,  or  may  hereafter  be,  established  under  the 
authority  of  the  provisions  of  chapter  147  of  the  Laws  of 
Kansas  for  1886,  and  all  acts  amendatory  thereof  and  supple- 
mentary thereto,  or  any  county  in  which  a  county  high  school 
has  heretofore  been  established  by  authority  of  any  special  law, 
shall  have  authority  to  issue  bonds  of  the  county  for  the  pur- 
pose of  purchasing  a  site  and  erecting,  equipping  and  furnish- 
ing buildings  for  such  high  school,  or  to  erect  additional  build- 
ings or  additions  to  high-school  buildings,  when  the  buddings 
of  any  such  high  school  shall  become  inadequate  or  insufficient 
for  the  needs  of  such  school,  in  the  manner  as  herein  provided. 
(Laws  1919,  ch.  268,  sec.  1.) 

§  438.  Bond  Election.  That  section  2  of  chapter  282  of  the 
Session  Laws  of  Kansas  for  1917  be  and  the  same  is  hereby 
amended  to  read  as  follows :  Sec.  2.  Whenever  one-third  of  the 
number  of  electors,  as  shown  by  the  vote  for  secretary  of  state 
at  the  next  preceding  election  in  any  county  having  a  county 
high  school  organized  under  the  provisions  of  said  chapter  147 
of  the  Laws  of  Kansas  for  1886,  and  all  acts  supplemental  and 
amendatory  thereof,  or  under  the  provisions  of  any  special  law, 
shall  netition  the  board  of  county  commissioners  of  such  county 
to  call  an  election  for  the  purpose  of  voting  bonds  for  the  pur- 
chase of  a  site  and  the  erection,  equipping  and  furnishing  of 
buildings,  or  to  build  additions  to  buildings,  or  to  erect  addi- 
tional buildings  for  such  county  high  school,  at  the  place  named 
in  said  petition,  the  said  board  shall  cause  a  twenty-day  notice 
previous  to  the  next  general  election,  or  previous  to  a  special 
election  called  for  the  purpose,  that  they  will  submit  to  the 
electors  of  said  county  the  question  of  issuing  bonds  of  the 
county  in  an  amount  not  exceeding  the  amount  named  in  the 
petition  and  for  the  purpose  therein  stated.  At  said  election 
the  electors  of  the  county  shall  vote  by  ballot  for  or  against  the 
issuance  of  such  bonds,  and  the  notice  of  such  election  shall  be 
given  as  are  all  leeal  notices  of  general  or  special  elections. 
And  the  ballots  shall  be  canvassed  and  other  proceedings  had  in 
the  s^me  manner  as  is  provided  in  the  case  of  elections  for  the 
establishment  of  such  county  hiprh  schools  under  the  provisions 
of  chapter  147  of  the  Laws  of  Kansas  for  1886,  and  the  acts 
supplemental  and  amendatorv  thereof,  or  under  the  provisions 
of  any  special  law.  If  a  maiority  -of  all  votes  cast  upon  the 
question  of  issuing  bonds  as  aforesaid  shall  be  in  favor  of  the 


154  COUNTY    HIGH    SCHOOLS.  [CH.    15 

issuance  of  such  bonds,  the  county  commissioners  shall  issue 
and  deliver  to  the  board  of  trustees  of  such  county  high  school, 
such  bonds  or  such  portion  thereof  as  may  be  necessary  to  pay 
for  the  purchase  of  such  site  and  erection,  equipping  and  fur- 
nishing of  such  buildings,  or  for  the  building  of  additions  or 
additional  buildings  in  accordance  with  contracts  that  may  be 
entered  into  by  said  trustees  under  the  provisions  and  authority 
of  said  chapter  147  of  the  Laws  of  1886,  and  acts  supplemental 
and  amendatory  thereto,  or  under  authority  of  any  special  law 
by  virtue  of  which  any  county  high  school  has  heretofore  been 
organized.  (Laws  1919,  ch.  268,  sec.  2.) 

§  439.  Election  for  Establishing  a  County  High  School  and 
Voting  Bonds  for  Building.  In  case  any  county  not  having  a 
county  high  school,  but  in  which  an  election  may  hereafter  be 
held  to  vote  upon  the  question  of  establishing  a  county  high 
school  under  the  said  chapter  147  of  the  Laws  of  1886  and  acts 
supplemental  and  amendatory  thereto,  the  question  of  issuing 
bonds  for  the  purposes  named  in  section  one  of  this  act  may 
be  submitted  by  the  board  of  county  commissioners  at  the  same 
election  and  upon  the  same  ballot  as  the  question  of  establish- 
ing said  county  high  school :  Provided,  That  the  notice  of  elec- 
tion state  that  the  question  of  issuing  bonds,  as  provided  in 
section  two  hereof,  shall  be  submitted  at  said  election.  If  the 
petition  requesting  the  election  for  the  purpose  of  voting  upon 
the  question  of  establishing  said  high  school  or  a  separate 
petition,  signed  by  an  equal  number  of  electors,  shall  request 
that  the  question  of  issuing  bonds  be  also  submitted  at  said 
election,  it  shall  be  the  duty  of  the  county  commissioners  to 
submit  such  question  at  the  same  election  as  the  question  in 
regard  to  establishing  said  high  school.  (Laws  1917,  ch.  282, 
sec.  3.) 

§  440.  Limit  of  Bonds.  No  bonds  provided  for  by  this  act 
shall  be  issued  in  an  amount  in  excess  of  one  per  cent  of  the 
total  assessed  valuation  of  the  property  within  the  county. 
Such  bonds  shall  be  in  denominations  of  not  over  one  thousand 
dollars  and  not  less  than  five  hundred  dollars,  and  shall  not  run 
for  a  term  of  more  than  twenty  years,  and  shall  draw  interest 
not  in  excess  of  six  per  cent.  Said  bonds  may  be  issued  in  addi- 
tion to  all  other  bonds  of  the  county.  (Laws  1917,  ch.  282, 
sec.  4.) 

§  441.  Annual  Levy  for  Interest  and  Sinking  Fund.  The 
board  of  trustees  shall  levy  a  tax  in  each  year  not  exceeding 
two  mills  on  the  dollar  on  the  assessed  valuation  of  all  the 
property  in  the  county  to  be  used  for  the  purpose  of  paying 
the  interest  on  such  bonds  and  the  creation  of  a  sinking  fund 
for  the  payment  of  the  principal  thereof.  (Laws  1917,  ch. 
282,  sec.  5.) 

§  442.  Act  Applies  to  Certain  Counties.  This  act  shall  not 
apply  to  counties  having  a  population  of  more  than  eight  thou- 


CH.    15]  COUNTY   HIGH    SCHOOLS.  155 

sand,  nor  to  any  county  having  a  city  of  more  than  one  thou- 
sand population.  (Laws  1917,  ch,  282,  sec.  6.) 

§443.  Employment  of  Principal  and  Teachers.  [9296] 
When  such  board  of  trustees  shall  have  finished  a  building  for 
said  school,  they  shall  employ  some  suitable  person,  who  shall 
take  charge  of  the  same  and  teach  in  the  same,  and  shall  be 
known  as  the  principal  of  such  school;  and  the  trustees  shall 
furnish  such  assistant  teachers  as  they  deem  necessary,  and 
shall  provide  for  their  salaries.  (Laws  1886,  ch.  147,  sec.  10.) 

§  444.  Courses  of  Instruction.  [9297]  There  shall  be  pro- 
vided three  courses  of  instruction,  each  requiring  four 
years'  study123  for  completion,  namely,  a  general  course,  a 
normal  course,  and  a  collegiate  course.  The  general  course 
shall  be  designed  for  those  who  can  not  continue  school  life 
after  leaving  said  high  school.  The  normal  course  shall  be 
designed  for  those  who  intend  to  become  teachers,  and  shall 
fully  prepare  any  who  wish  to  enter  the  first  year  of  profes- 
sional work  at  the  State  Normal  School.  The  collegiate  course 
shall  fully  prepare  those  who  wish  to  enter  the  freshman  class 
of  the  college  of  liberal  arts  and  sciences  of  the  State  Uni- 
versity, or  of  the  State  Agricultural  College,  or  of  any  other 
institution  of  higher  learning  in  this  state.  Whenever  prac- 
ticable, students  in  these  courses  shall  recite  in  the  same 
classes.  Students  in  the  last  year  of  the  normal  course  may 
be  employed  for  a  portion  of  their  time  in  teaching  the  pupils 
of  the  first  year  in  any  course,  and  model  schools  shall  be  en- 
couraged. (Laws  1905,  ch.  389,  sec.  1.) 

§445.  Tuition  and  Admission.  [9298]  Tuition  shall  be  free 
to  all  pupils  residing  in  the  county  where  the  school  is  located. 
The  board  of  trustees  shall  make  such  general  rules  and  regula- 
tions as  they  may  deem  proper  in  regard  to  age  and  grade  of 
attainments  essential  to  entitle  pupils  to  admission  to  such 
school:  Provided,  That  no  person  shall  be  admitted  to  such 
high  school  who  shall  not  have  passed  a  satisfactory  ex- 
amination in  all  the  work  of  the  district  schools  of  the  county 
in  which  such  high  school  is  situated.  If  there  should  be  more 
applicants  than  can  be  accommodated  at  any  one  time,  each 
district  shall  be  entitled  to  send  its  equal  proportion  of  pupils, 
according  to  the  number  of  pupils  it  may  have,  as  shown  by 
the  last  report  to  the  county  superintendent  of  public  instruc- 
tion; and  the  boards  of  the  respective  school  districts  shall 
designate  such  pupils  as  may  attend,  subject  to  the  proviso 
above.  (Laws  1886,  ch.  147,  sec.  12.) 

§446.  Nonresident  Pupils.  [9299]  If  at  any  time  the  school 
can  accommodate  more  pupils  than  ap'ply  for  admission  from 
that  county  in  which  the  school  is  situated,  the  vacancies  may 
be  filled  by  applicants  from  other  counties,  upon  the  payment 

123.    Does  not  apply  to  Reno  county  high  school.    (Laws  1905,  ch.  457.) 


156  COUNTY    HIGH    SCHOOLS.  [CH.    15 

of  such  tuition  as  the  board  of  trustees  may  prescribe,  but  at  no 
time  shall  such  pupils  continue  in  such  school  to  the  exclusion 
of  pupils  residing  in  the  county  in  which  such  school  is  situ- 
ated. (Laws  1886,  ch.  147,  sec.  13.) 

§  447.  Rules  and  Regulations.  [9300]  The  principal  of  any 
such  high  school,  with  the  approval  of  the  board  of  trustees, 
shall  make  such  rules  and  regulations  as  he  may  deem  proper 
in  regard  to  the  studies,  conduct  and  government  of  the  pupils 
under  his  charge  while  they  shall  continue  to  be  enrolled  at 
such  school;  and  if  any  such  pupil  will  not  conform  to  nor 
obey  the  rules  of  the  school,  they  may  be  suspended  therefrom 
temporarily  by  the  principal,  and  may  be  expelled  by  the  board 
of  trustees.  (Laws  1907,  ch.  335,  sec.  1.) 

§  448.  Report  of  Trustees.  [9302]  The  board  of  trustees 
shall  annually  make  a  report  to  the  county  commissioners, 
which  shall  specify  the  number  of  students  attending  the  high 
school  during  the  year,  their  sex,  and  the  branches  taught,  the 
text-books  used,  the  number  of  teachers  employed,  the  salaries 
paid,  the  amounts  expended  respectively  for  library,  appa- 
ratus, buildings,  and  for  all  other  purposes;  also  the  amount 
of  funds  on  hand,  the  debts  unpaid,  if  any ;  the  amounts  due,  if 
any ;  and  all  other  information  deemed  important  or  expedient 
to  report.  Said  report  shall  be  printed  in  at  least  one  news- 
paper of  the  county,  if  any  is  published  therein,  and  a  copy  o1 
the  report  shall  be  forwarded  to  the  state  superintendent  of 
public  instruction.  (Laws  1886,  ch.  147,  sec.  16.) 

§  449.  Vacancies  in  Board  of  Trustees.  [9303]  The  county 
commissioners  shall  have  power  to  fill  any  vacancies  that  may 
occur  in  the  board  of  trustees  for  that  county,  by  appointment 
until  the  next  general  election.  (Laws  1886,  ch.  147,  sec.  17.) 

§  450.  Compensation  of  Trustees.  [9304]  The  county  boarc 
of  county-high-school  trustees  shall  allow  to  each  member 
thereof  the  sum  of  three  dollars  per  day  for  the  time  ac 
tually  and  necessarily  employed  in  the  discharge  of  his  officia 
duties,  and  in  addition  thereto  the  sum  of  five  cents  per  mile 
necessarily  traveled  in  attending  meetings  of  the  board,  and 
when  such  accounts  are  presented  for  payment  they  shall  be 
audited  and  paid  out  of  the  county-high-school  fund  in  th< 
same  manner  as  other  accounts  against  said  board.  Said 
trustees  shall  not  be  allowed  any  other  remuneration  for  serv- 
ices or  expenses.  (Laws  1907,  ch.  334,  sec.  1.) 


CH.    15]  COUNTY    HIGH    SCHOOLS.  157 


ARTICLE  III.— County  High  Schools  in  Counties  Having  a  Population  of 

Less  Than  6,000. 

§451.   May  be  established  at  county  seats.        !    §456.   Petition   or  election. 


4.52.   Course  of  study. 

453.  Privileges  of  graduates. 

454.  Ma}1  employ  teachers. 

455.  Free  to  pupils  in  the  county. 


457.  Bonds  may  be  issued. 

458.  Bond  election. 

459.  Issuance  of  bonds. 

460.  Illegal  use  of  proceeds. 


i  451.  May  Establish  at  County  Seat.  [9305]  That  the 
county  commissioners  of  any  county  of  Kansas  having  a  pop- 
ulation of  less  than  6,000  be  and  they  are  hereby  authorized 
to  negotiate  with  the  school  district  or  school  districts  at  the 
county  seat  of  such  county  for  the  establishment  of  a  county 
high  school :  Provided,  That  on  the  presentation  of  a  petition 
signed  by  a  majority  of  the  electors  of  any  such  county,  as 
shown  by  the  returns  of  the  last  preceding  general  election, 
the  county  commissioners  shall  call  an  election  for  the  purpose 
of  determining  whether  they  shall  make  such  contract  as  afore- 
said; and  if  at  such  election  a  majority  of  the  votes  cast  shall 
be  in  favor  of  making  said  contract,  then  and  in  that  case  it 
shall  be  the  duty  of  such  commissioners  to  make  such  contract. 
(Laws  1903,  ch.  433,  sec.  1.) 

§  452.  Course  of  Study.  [9306]  Such  county  high  schools 
when  established  shall  adopt  a  course  of  study  to  be  prescribed 
by  the  State  Board  of  Education.  (Laws  1897,  ch.  180,  sec.  2.) 

§  453.  Privileges  of  Graduation.  [9307]  Upon  the  presen- 
tation of  a  certificate  of  graduation  from  any  such  county 
high  school,  within  one  year  from  the  date  of  the  same,  to  any 
state  institution  of  learning,  the  person  presenting  the  same 
may  be  admitted  without  further  examination  to  said  institu- 
tion of  learning.  (Laws  1897,  ch.  180,  sec.  3.) 

§  454.  May  Employ  Teachers.  [9308]  For  the  purpose  of 
carrying  this  act  into  effect,  the  boards  of  county  commission- 
ers in  such  counties  may  employ  such  number  of  teachers  in 
addition  to  those  regularly  employed  by  the  district  at  the 
county  seat  as  shall  in  their  judgment  be  necessary  for  the 
purpose  of  conducting  such  schools,  and  pay  such  teachers 
from  the  general  fund  of  the  county.  (Laws  1897,  ch.  180, 
sec.  4.) 

§  455.  Free  to  Pupils  in  the  County.  [9309]  Such  county 
high  school  shall  be  free  to  all  persons  of  school  age  in  their 
respective  counties.  (Laws  1897,  ch.  180,  sec.  5.) 

§456.  Petition  or  Election.124  [9310]  No  county  high 
school  as  herein  provided  for  shall  be  established  except  upon 
a  petition  signed  by  a  majority  of  the  electors  of  the  county 
or  pursuant  to  an  election  held  in  such  county  for  the  purpose 
of  voting  upon  the  question  of  establishing  such  county  high 
schools.  (Laws  1897,  ch.  180,  sec.  6.) 

124.    See  section  451  of  this  book. 


158  COUNTY   HIGH   SCHOOLS.  .  [CH.    15 

§457.  Bonds  May  be  Issued.  [9311]  That  any  county 
which  has  established  a  county  high  school  under  the  provi- 
sions of  chapter  180,  Session  Laws  of  1897,  as  amended  by 
chapter  433,  Session  Laws  of  1903,  is  hereby  authorized  and 
empowered  to  issue  and  sell  bonds  of  the  county  for  the  pur- 
pose of  erecting,  furnishing  and  equipping  a  building  for  the 
use  of  the  county  high  school  of  the  county :  Provided,  That  no 
bonds  shall  be  issued  as  provided  for  in  this  section  until  the 
same  has  been  submitted  to  the  electors  of  the  county  at  a  gen- 
eral election,  or  at  a  special  election  called  for  that  purpose, 
and  a  majority  of  the  voters  voting  upon  the  proposition  shall 
have  voted  in  favor  of  the  same :  Provided,  That  the  provisions 
of  this  act  shall  not  be  construed  as  applying  to  any  county  in 
which  is  located  a  city  of  the  first  class.  (Laws  1907,  ch.  332, 
sec.  1.) 

§458.  Bond  Election.  [9312]  When  a  petition  signed 
by  twenty-five  per  cent  of  the  legal  voters  of  the  county,  as 
shown  by  the  latest  official  poll  of  the  county,  shall  have  been 
presented  to  the  board  of  county  commissioners  of  the  county, 
asking  that  the  question  of  issue  of  the  bonds  for  the  purpose 
named  in  this  act  be  submitted  to  a  vote  of  the  people,  it  shall 
become  the  duty  and  is  hereby  made  the  duty  of  the  board  of 
county  commissioners  to  make  provisions  to  submit  the  ques- 
tion to  a  vote  of  the  people :  Provided,  That  if  a  general  election 
is  to  be  held  within  six  months  after  the  receipt  of  the  petition, 
the  board  of  county  commissioners  shall  submit  the  question 
at  the.  next  general  election,  otherwise,  the  board  of  county 
commissioners  shall  call  a  special  election  for  this  purpose,  by 
giving  not  less  than  thirty  days'  notice  by  publication  in  not 
less  than  four  issues  of  a  newspaper  of  general  circulation  in 
the  county.  (Laws  1907,  ch.  332,  sec.  2.) 

§459.  Issuance  of  Bonds.  [9313]  The  bonds  issued  by 
authority  of  this  act  shall  not  exceed  in  any  county  in  amount 
twenty  thousand  dollars,  in  denominations  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars,  and 
shall  .bear  not  more  than  five  per  cent  interest,  payable  semi- 
annually,  as  shown  by  coupons  attached,  and  shall  mature  not 
later  than  twenty  years  from  the  date  thereof.  The  bonds 
herein  provided  for  shall  recite  that  they  are  issued  in  pur- 
suance of  the  provisions  of  this  act.  (Laws  1907,  ch.  332, 
sec.  3.) 

§  460.  Illegal  Use  of  Proceeds.  [9314]  It  shall  be  unlawful 
for  the  board  of  county  commissioners  or  any  other  person  or 
persons  to  use  or  appropriate  any  of  the  proceeds  of  the  bonds 
herein  provided  for  any  other  purpose  than  that  prescribed  in 
this  act.  (Laws  1907,  ch.  332,  sec.  4.) 


CH.  15] 


COUNTY    HIGH    SCHOOLS. 


159 


ARTICLE  IV. — County  Aid  in  Counties  Having  a  Population  of  Less 

Than  10,000. 


§461.  Aid  by  county  commissioners. 

462.  Course  of  study. 

463.  Free  tuition;   entrance  cei'tificate. 

464.  Supervision. 

465.  Petition. 

4G6.   Levy;  limitation. 


§467.   Collection  and  use  of  funds. 

468.  Duty  of  county  treasurer. 

469.  Report  of  principal. 

470.  Petition;  levy. 

471.  Duty  of  county  superintendent. 

472.  County  exempt. 


§  461.  Aid  by  County  Commissioners.  [9334]  That  the 
county  superintendent  and  county  commissioners  of  any  county 
in  Kansas  having  a  population  of  less  than  10,000  inhabitants 
are  hereby  authorized  to  make  provision  for  aid  to  a  certain 
high  school  or  high  schools  in  such  county,  and  to  provide  for 
the  support  of  the  same  as  hereinafter  prescribed.  (Laws 
1911,  ch.  263,  sec.  1.) 

§  462.  Course  of  Study.  [9335]  Such  high  schools,  when 
aided,  shall  adopt  a  course  of  study  to  be  prescribed  by  the 
State  Board  of  Education.  (Laws  1911,  ch.  263,  sec.  2.) 

§463.  Free  Tuition;  Entrance  Certificate.  [9336]  Such 
high  schools  shall  be  free  to  all  persons  of  school  age  who  are 
actual  residents  of  the  respective  counties:  Provided,  That 
such  person  shall  present  to  the  principal  of  the  high  school  an 
entrance  certificate,  signed  by  the  county  superintendent  of 
public  instruction,  certifying  that  he  has  completed  the  course 
of  study  prescribed  by  the  State  Board  of  Education  for  the 
public  schools  below  the  high  school.  (Laws  1911,  ch.  263, 
sec.  3.) 

§  464.  Supervision.  [9337]  Such  high  schools  when  aided 
shall  be  under  the  supervision  and  control  of  the  county  super- 
intendent and  district  board  or  board  of  education  of  the  dis- 
trict or  city  in  which  the  school  is  located.  (Laws  1911,  ch. 
263,  sec.  4.) 

§  465.  Petition.  That  section  9338  of  the  General  Statutes 
of  Kansas  of  1915  is  amended  to  read  as  follows :  Sec.  9338.  No 
high  school  as  herein  provided  for  shall  be  eligible  for  such  aid 
except  upon  a  petition  to  the  county  superintendent  and  county 
commissioners  of  the  county  in  which  such  school  or  schools 
are  sought  to  be  aided,  signed  by  a  majority  of  the  school 
electors  of  the  county  in  which  the  school  is  sought  to  be  aided : 
Provided,  That  in  counties  having  a  population  of  less  than 
2,000,  and  where  only  one  high  school  located  at  the  county  seat 
is  receiving  aid  under  the  provisions  of  chapter  263  of  the 
Session  Laws  of  1911,  or  the  provisions  of  said  chapter  as 
amended,  then  in  the  event  such  county  seat  is  relocated  as 
provided  by  law  the  aid  hereinbefore  provided  may  be  ex- 
tended by  the  board  of  county  commissioners  and  the  county 
superintendent  to  the  high  school  of  the  district  to  which  the 
county  seat  is  relocated  without  the  necessity  of  a  petition  as 


160  COUNTY   HIGH   SCHOOLS.  [CH.    15 

hereinbefore  provided  for :  And  provided  further,  That  there- 
after no  aid  shall  be  extended  to  the  high  school  in  the  district 
from  which  the  county  seat  is  removed,  unless  there  be  a  peti- 
tion presented  to  the  county  commissioners  and  county  super- 
intendent signed  by  a  majority  of  the  school  electors  of  said 
county  asking  that  such  aid  be  given  to  the  high  school  of  the 
district  from  which  the  county  seat  has  been  removed.  (Laws 
1919,  ch.  267,  sec.  1.) 

§  466.  Levy;  Limitation.  That  section  9339  of  the  General 
Statutes  of  1915  be  amended  so  as  to  read  as  follows:  Sec. 
9339.  For  the  purpose  of  carrying  this  act  into  effect,  the 
board  of  county  commissioners  in  such  county  shall  annually 
levy  such  tax  only  as  may  be  necessary,  not  to  exceed  one 
and  one-half  mills  on  the  dollar  of  the  assessed  valuation  of 
the  taxable  property  in  counties  having  a  population  of  3,000 
inhabitants  or  less,  and  not  to  exceed  one-half  mill  on  the  dol- 
lar of  the  assessed  valuation  of  the  taxable  property  in  counties 
having  a  population  of  more  than  3,000  inhabitants :  Provided, 
That  in  counties  having  a  population  of  less  than  2,000  inhabit- 
ants, such  levy  shall  not  be  less  than  one-half  mill  on  the  dollar 
of  assessed  valuation  of  the  property  of  the  county.  (Laws 
1917,  ch.  286,  sec.  1.) 

§  467.  Collection  and  Use  of  Funds.  [9340]  Said  tax  shall 
be  levied  and  collected  in  the  same  manner  as  other  county 
taxes,  but  no  part  of  such  general  school  fund  shall  ever  be 
used  for  other  than  high-school  purposes.  (Laws  1911,  ch. 
263,  sec.  7.) 

§468.  Duty  of  County  Treasurer.  [9341]  The  county 
treasurer  shall  pay  to  the  treasurer  of  the  school  district  or 
districts  maintaining  such  high  schools  such  sums  of  money  as 
the  county  superintendent  shall  certify  to  be  necessary  and 
proper  for  each  of  said  districts  respectively.  (Laws  1911,  ch. 
263,  sec.  8.) 

§  469.  Report  of  Principal.  [9342]  It  shall  be  the  duty  of 
the  principal  of  each  of  such  high  schools,  at  the  expiration 
of  the  school  year,  to  make  a  report  to  the  county  superintend- 
ent showing  the  total  enrollment  in  such  high  school  or  high 
schools  and  the  number  of  months  attended  by  each  pupil,  and 
to  furnish  such  other  reports  as  the  county  superintendent  may 
require,  and  his  last  month's  salary  shall  not  be  due  until  such 
reports  shall  have  been  duly  made.  (Laws  1911,  ch.  263, 
sec.  9.) 

§  470.  Petition;  Levy.  [9343]  If,  upon  the  presentation  of 
a  petition  addressed  to  the  county  commissioners  of  any  county 
by  a  majority  of  the  school  electors  of  such  county,  asking  that 
certain  aid  be  extended  to  a  certain  school  district  or  school 
districts  therein,  as  provided  for  herein,  and  said  county  super- 
intendent and  county  commissioners  decide  to  provide  the  aid 


CH.    15]  COUNTY   HIGH    SCHOOLS.  161 

petitioned  for,  said  board  of  county  commissioners  shall,  at  the 
regular  meeting  held  by  it  on  the  first  Monday  in  August  there- 
after, levy  such  tax  on  the  taxable  property  of  the  entire 
county  sufficient  to  raise  the  amount  necessary  to  aid  such  dis- 
trict or  districts  as  said  county  superintendent  and  said  board 
of  commissioners  believe  proper.  (Laws  1911,  ch.  263,  sec.  10.) 

§  471.  Duty  of  County  Superintendent.  [9344]  It  shall  be 
the  duty  of  the  county  superintendent  to  certify  to  the  county 
commissioners  and  to  the  county  treasurer,  on  or  before  the 
1st  day  of  July  in  each  year,  the  amount  of  money  necessary 
to  aid  the  district  or  districts  maintaining  high  schools  under 
the  provisions  of  this  act,  for  the  year  ending  on  the  30th  day 
of  June  preceding,  and  the  county  commissioners  shall  there- 
upon make  such  a  levy  only,  within  the  limitations  herein  pre- 
scribed, as  may  be  necessary  to  produce  the  amount  of  aid 
herein  provided  for  such  high  school  or  high  schools,  within 
their  respective  counties.  (Laws  1911,  ch.  263,  sec.  11.) 

§  472.  Counties  Exempt.  [9345]  Counties  maintaining  a 
county  high  school  and  counties  having  high  schools  in  opera- 
tion under  the  provisions  of  chapter  397  of  the  Laws  of  1905, 
or  the  provisions  of  said  chapter  as  amended,  shall  be  exempt 
from  the  provisions  of  this  act.  (Laws  1911.  ch.  263,  sec.  12.) 

ARTICLE  V.— County  High  Schools  Established  by  Special  Act. 


§473.   May  come  under  general  county  high- 
school  law. 


§474.   County  tax  for  buildings. 


§  473.    May  Come  under  General  County  High-school  Law. 

[9316]    Whenever  any  school  district  in  which  is  located  a 
county  high  school  operating  under  the  provisions  and  by  the 
authority  of  any  special  act  of  the  legislature  of  the  state  of 
Kansas,  shall  by  a  vote  of  a  majority  of  the  qualified  electors 
present  at  any  general  or  special  school  meeting,  regularly 
called  as  provided  by  law,  offer  to  transfer  to  the  county  all 
buildings,  desks,  chairs,  stoves  and  other  equipment  used  in 
carrying  on  said  high  school  and  signify  their  willingness  to 
have  the  said  county  high  school  come  under  and  be  operated 
and  maintained  by  the  provisions  of  the  general  county  high- 
school  law  of  the  state  of  Kansas  and  the  district  clerk  of  said 
school  district  shall  have  filed  a  certified  copy  of  the  minutes 
of  said  meeting  with  the  county  clerk  of  the  county  wherein 
said  high  school  is  located,  upon  a  petition  in  writing  signed 
by  at  least  25  per  cent  of  the  qualified  electors  of  the  county 
being  presented  to  the  board  of  county  commissioners  of  said 
county,  the  board  of  county  commissioners  shall  call  a  special 
election  for  the  purpose  of  voting  upon  the  question  of  accept- 
ing the  offer  of  said  school  district  and  placing  said  county  high 
school  under  the  control  of  the  general  county  high-school  laws 
of  the  state  of  Kansas,  and  if  a  majority  of  all  the  votes  cast 

6 — School  Laws — 2728 


162 


COUNTY    HIGH    SCHOOLS. 


[CH.    15 


shall  be  in  favor  thereof,  said  property  offered  to  be  trans- 
ferred by  said  school  district  to  the  county  shall  thereby  be- 
come the  property  of  the  county  to  be  used  for  county  high- 
school  purposes  and  the  said  county  high  school  shall  come 
under  the  control  and  be  operated  and  maintained  in  all  re- 
spects in  accordance  with  the  provisions  of  the  general  county 
high-school  laws  of  the  state  of  Kansas.  (Laws  1915,  ch.  313, 
sec.  1.) 

§  474.  County  Tax  for  Buildings.  [9318]  In  any  county  in 
the  state  of  Kansas  not  exceeding  4,800  in  population  in  which 
a  county  high  school  has  been  established  by  special  act  of  the 
legislature  the  county  commissioners,  upon  a  petition  signed  by 
one-fourth  of  the  legal  electors  of  said  county  as  shown  by  the 
poll  books  of  the  last  preceding  general  election,  shall  submit 
to  the  voters  of  said  county  the  following  proposition:  Shall 
the  county  commissioners  levy  a  tax  for  the  purpose  of  build- 
ing and  furnishing  a  building  for  the  county  high  school  at 

(inserting  the  name  of  the  location  of  said  school)  ? 

The  said  proposition  may  be  voted  on  at  any  general  election  or 
at  a  special  election  called  for  this  purpose  by  the  county  com- 
missioners, notice  of  which  election  shall  be  given  as  provided 
by  law.  If  said  proposition  shall  be  favored  by  a  majority  of 
those  voting  thereon,  the  county  commissioners  shall  levy  an- 
nually for  a  period  of  not  more  than  four  years  a  tax  not  ex- 
ceeding four  mills  on  the  dollar  of  all  the  taxable  property  in 
said  county;  and  said  taxes  shall  be  levied,  entered  upon  the 
tax  roll,  and  collected  in  the  same  manner  as  other  taxes,  and 
the  funds  so  provided  shall  be  used  for  the  purpose  of  building 
and  furnishing  a  building  for  the  county  high  school  of  said 
county  and  any  surplus  shall  be  turned  into  the  general  county 
high-school  fund.  All  payments  authorized  by  the  provisions  of 
this  act  shall  be  made  in  the  manner  provided  by  law  for  paying 
the  other  expenses  of  said  county  high  school.  (Laws  1915, 
ch.  318,  sec.  1.) 


ARTICLE  VI.— High  Schools  in  Certain  Counties. 


§482.   Free  high-school  education. 

483.  Management  vested  in  board  ef  edu- 

cation. 

484.  Extent     of     supervisory     powers     of 

trustees. 

4S5.   Participating  schools  parts  of  county 
high  school. 


§475.   Levy. 

476.  Apportionment. 

477.  Trustees  make  levy. 

478.  Trustees  distribute  fund;  method. 

479.  Penalty  for  failure  to  keep  standard. 

480.  Any  school-  providing   and  maintain- 

ing standard  entitled  to  benefit. 

481.  Board   of   education   to   make   appro- 

priation. 

§  475.  Levy.  That  in  every  county  in  this  state  having  a 
county  high  school  located  in  the  county  seat  and  said  county 
seat  being  a  city  of  the  second  class,  and  in  which  said  county 
there  are,  including  joint  districts,  at  least  seven  other  high 
schools  maintaining  a  university  preparatory  high  school 
course  approved  by  the  State  Board  of  Education,  a  general 
county  tax  for  the  aid  of  all  such  high  schools  shall  be  levied 


CH.    15]  COUNTY   HIGH   SCHOOLS.  163 

each  year  in  such  county  and  apportioned  and  distributed  as 
provided  for  by  this  act.  (Laws  1919,  ch.  276,  sec.  1.) 

§  476.  Apportionment.  All  funds  raised  by  any  future  levy 
in  each  such  county  for  the  support  of  county  high  school  shall 
be  apportioned  among  all  school  districts  maintaining  high 
schools  referred  to  in  section  1  of  this  act  for  the  support  of 
such  high  schools.  (Laws  1919,  ch.  276,  sec.  2.) 

§  477.  Trustees  Make  Levy.  The  county  high-school  trus- 
tees shall  each  year  on  or  before  the  last  Thursday  in  July 
make  an  estimate  of  the  amount  which  in  their  judgment 
should  be  raised  for  the  purposes  described  in  this  act,  and  re- 
port said  amount  to  the  county  clerk,  who  shall  thereupon  make 
a  levy  sufficient  to  raise  the  same  upon  all  of  the  taxable  prop- 
erty within  such  county :  Provided,  That  such  levy  shall  not 
exceed  the  rate  of  five-tenths  of  a  mill  upon  the  dollar  for  valu- 
ation. (Laws  1919,  ch.  276,  sec.  3.) 

§  478.  Trustees  Distribute  Fund ;  Method.  The  county  high- 
school  trustees  shall  cause  all  funds  to  be  raised  from  such 
levies,  except  the  amount  necessary  to  pay  their  salaries  and 
expenses,  to  be  distributed  among  all  of  the  school  districts 
maintaining  such  high  schools  referred  to  in  section  1  of  this 
act,  for  the  support  of  such  high  schools  only,  and  to  the  county 
high-school  fund  of  the  city  in  which  the  county  high  school  is 
located,  in  proportion  to  the  average  daily  attendance  of  pupils 
actually  resident  in  said  county  taking  regular  courses  above 
the  eighth  grade  in  such  high  schools  during  the  year  previous 
to  such  apportionment.  For  the  purpose  of  such  distribution 
the  attendance  of  a  pupil  for  one  day  in  such  high  school,  of 
the  highest  class  as  fixed  by  the  rules  of  the  State  Board  of 
Education,  shall  be  100  per  cent  of  a  day,  and  of  the  next 
lower  class  90  per  cent,  and  in  the  second  lower  class  80  per 
cent,  and  in  the  third  or  any  other  lower  class  70  per  cent  of 
a  day.  The  fact  that  any  school  district  or  city,  or  the  city  in 
which  the  county  high  school  is  located,  may  divide  its  high 
school  into  senior  and  junior  or  other  like  divisions  shall  not, 
of  itself,  affect  the  proportion  of  funds  that  such  district  or 
city  shall  receive  under  this  act.  (Laws  1919,  ch.  276,  sec.  4.) 

§  479.  Penalty  ,for  Failure  to  Keep  Standard.  Should  any 
district  fail  to  keep  its  high  school  standard  up  to  the  standard 
referred  to  in  this  act,  such  district  shall  cease  to  participate 
in  the  distribution  of  said  funds  for  any  year  in  which  such 
failure  exists.  (Laws  1919,  ch.  276,  sec.  5.) 

§  480.  Any^School  Providing  and  Maintaining  Standard  En- 
titled to  Benefit.  Any  school  district  in  such  county,  and  joint 
districts,  that  shall  in  the  future  provide  and  maintain  a  high 
school  of  the  standard  referred  to  in  this  act  shall  be  entitled 
to  participate  in  the  distribution  of  the  funds  raised  from  the 
levy  provided  in  this  act  beginning  with  the  year  next  follow- 


164 


BARNES   HIGH   SCHOOLS. 


[CH.    15 


ing  that  in  which  the  standard  of  such  school  is  so  established. 
(Laws  1919,  ch.  276,  sec.  6.) 

§  481.  Board  of  Education  to  Make  Appropriation.  The 
board  of  education  of  the  city  in  which  is  located  the  county 
high  school  shall  appropriate  to  the  support  of  such  county 
high  school  an  amount  equal  to  or  greater  than  the  propor- 
tion of  county  high-school  funds  apportioned  to  the  support 
of  such  county  high  school  under  the  levy  referred  to  in  section 
3  of  this  act,  and  board  of  education  is  hereby  authorized  to 
make  any  levy  necessary  for  that  purpose.  (Laws  1919,  ch. 
276,  sec.  7.) 

§  482.  Free  High-school  Education.  All  districts  participat- 
ing in  the  apportionment  of  county  high-school  funds  as  pro- 
vided in  this  act,  shall  offer  and  furnish  free  high-school  edu- 
cation to  all  persons  of  school  age  residing  in  such  county. 
(Laws  1919,  ch.  276,  sec.  8.) 

§  483.  Management  Vested  in  Board  of  Education.  The 
board  of  education  of  the  city  in  which  is  located  the  county 
high  school  shall  have  the  management  of  such  county  high 
school.  (Laws  1919,  ch.  276,  sec.  9.) 

§  484.  Extent  of  Supervisory  Powers  of  Trustees.  The 
county  high-school  trustees  shall  have  full  supervisory  powers 
over  all  of  the  high  schools  of  such  county  to  the  extent  of  re- 
quiring that  all  funds  appropriated  to  such  high  schools  under 
the  provisions  of  this  act  are  properly  used  for  the  purposes 
set  forth  in  this  act.  (Laws  1919,  ch.  276,  sec.  10.) 

§  485.  Participating  Schools  Parts  of  County  High  School. 
For  the  purpose  of  this  act,  in  making  levy  and  collection  of 
taxes  and  distribution  of  funds,  all  high  schools  participating 
therein  shall  be  considered  portions  of  the  county  high  school, 
but  nothing  in  this  section  shall  affect  the  distribution  of  funds 
or  control  of  schools  as  provided  in  this  act.  (Laws  1919,  ch. 
276,  sec.  11.) 

ARTICLE  VII.— Barnes  High  Schools. 


§486.   County  tax  for  high  schools. 

487.  Levy,   limitation. 

488.  Levy,  limitation  and  exception. 

489.  Additional  limitation  of  levy  and  ex- 

ceptions in  certain  counties. 

490.  Additional  levy  to  pay  indebtedness. 

491.  Levy  made,  when. 

492.  Funds  collected. 

493.  Amount  of  tax  determined  by  num- 

ber of  teachers  certified  to  county 
commissioners  by  county  superin- 
tendent. 

494.  Distribution  of  funds. 


§495.  Apportionment  in  joint  districts. 

496.  Additional  support. 

497.  Report  of  principal. 

498.  Tuition     free;     paid     in     adjoining 

county. 

499.  Courses  of  study. 

500.  Some  cities  and  counties  exempt. 

501.  When  in  force. 

502.  "Barnes"    law    in    effect    in    certain 

counties. 

503.  County    treasurer    to    pay   taxes    col- 

lected. 

504.  Penalty,  county  treasurer  not  paying 

over  money. 


§  486.  County  Tax  for  High  Schools.  That  section  9320  of 
the  General  Statutes  of  Kansas  for  1915  be  and  the  same  is 
hereby  amended  to  read  as  follows:  Sec.  9320.  In  every 
county  in  the  state  of  Kansas  in  which  one  or  more  school  dis- 
tricts or  cities  of  less  than  sixteen  thousand  inhabitants  shall 


CH.    15]  BARNES    HIGH    SCHOOLS.  165 

have  maintained  high  schools  with  courses  of  instruction  ad- 
mitting those  who  complete  the  same  to  the  freshman  class  of 
the  college  of  liberal  arts  and  sciences  of  the  University  of 
Kansas,  the  county  commissioners  shall  levy  a  tax  each  year 
of  not  less  than  one-fourth  of  a  mill  nor  more  than  four  and 
one-half  mills  on  the  dollar  of  the  assessed  valuation  of  the 
taxable  property  within  such  counties  for  the  purpose  of 
creating  a  general  high-school  fund :  Provided,  That  in  coun- 
ties of  less  than  4,000  inhabitants  and  in  which  there  is  only 
one  high  school  operating  under  the  provisions  of  this  act,  the 
county  commissioners  of  such  county  may  levy  three-fourths 
mill  for  the  purpose  of  aiding  such  high  schools  in  the  con- 
struction, maintenance  and  up-keep  of  such  high-school  build- 
ings. (Laws  1920,  ch.  52,  sec.  10.) 

§487.  Levy;  General  Limitation.  That  section  11365  of 
the  General  Statutes  of  Kansas  for  1915,  as  amended  by  chap- 
ter 288,  Session  Laws  of  1917,  be  and  the  same  is  hereby 
amended  to  read  as  follows:  Sec.  11365.  The  authority  of 
the  board  of  county  commissioners  of  each  county,  as  provided 
in  chapter  397  of  the  Session  Laws  of  1905,  to  levy  annually  a 
tax  by  means  of  which  to  raise  the  necessary  funds  for  the 
support  of  the  high  schools  provided  for  by  said  chapter  397 
of  the  Laws  of  1905,  is  hereby  limited  so  that  the  said  board 
shall  not  levy  in  excess  of  seven  and  one-half  tenths  of  one  mill 
upon  the  dollar  upon  all  taxable  property.  (Laws  1920,  ch. 
52,  sec.  2.) 

§  488.  Limitation  of  Levy  in  Certain  Counties.  That  sec- 
tion 2  of  chapter  288  of  the  Laws  of  1917  be  and  the  same  is 
hereby  amended  to  read  as  follows :  Sec.  2.  The  authority  of 
the  board  of  county  commissioners  of  each  county,  as  provided 
in  chapter  397  of  the  Session  Laws  of  1905,  to  levy  annually  a 
tax  by  means  of  which  is  raised  the  necessary  funds  for  the  sup- 
port of  the  high  schools  provided  for  by  said  chapter  397  of 
the  Session  Laws  of  1905,  is  hereby  limited  so  that  the  said 
board  shall  not  levy  in  excess  of  one  and  three  and  one-half 
tenths  mill  upon  all  taxable  property:  Provided,  That  this 
section  shall  not  apply  to  counties  having  a  valuation  in  excess 
of  forty-five  million  dollars.  (Laws  1920,  ch.  52,  sec.  4.) 

§  489.  Additional  Limitation  of  Levy  and  Exceptions  in 
Certain  Counties.  That  section  1  of  chapter  285  of  the  Laws  of 
1917  be  and  the  same  is  hereby  amended  to  read  as  follows: 
Section  1.  That  the  authority  of  the  board  of  county  commis- 
sioners of  each  county,  as  provided  in  chapter  397  of  the  Ses- 
sion Laws  of  1905,  to  levy  annually  a  tax  by  means  of  which 
is  raised  the  necessary  funds  for  the  support  of  the  high 
schools  provided  for  by  said  chapter  397  of  the  Session  Laws 
of  1905,  is  hereby  amended  so  that  the  board  shall  not  levy  in 
excess  of  one  and  three  and  one-half  tenths  of  a  mill  upon  all 
taxable  property  in  the  county,  or  in  that  part  of  the  county 


166  BARNES   HIGH   SCHOOLS.  CH.  15] 

subject  to  taxation  for  the  support  of  high  schools  established 
pursuant  to  sections  9320,  9321,  9322,  9323,  9324,  9325,  9326, 
9327,  9328  and  9329  of  the  General  Statutes  of  Kansas  for 
1915:  Provided,  That  this  act  shall  not  apply  to  counties 
having  a  valuation  in  excess  of  twenty-eight  million  dollars, 
except  such  counties  or  parts  of  counties  as  have  a  population 
in  excess  of  25,000  and  as  support  eight  or  more  high  schools 
established  pursuant  to  said  sections  9320,  9321,  9322,  9323, 
9324,  9325,  9326,  9327,  9328  and  9329.  (Laws  1920,  ch.  52, 
sec.  3.) 

§  490.  Additional  Levy  to  Pay  Indebtedness.  That  in  any 
county  in  the  state  of  Kansas  in  which  one  or  more  high 
schools  have  been  established  pursuant  to  sections  9320,  9321, 
9322,  9323,  9324,  9325,  9326,  9327,  9328  and  9329  of  the  Gen- 
eral Statutes  of  Kanass  for  1915,  in  which  there  shall  be  an 
accrued,  indebtedness  contracted  in  the  legitimate  conduct  of 
such  school  or  schools,  which  indebtedness  exists  at  the  time 
of  the  passage  of  this  act,  it  shall  be  incumbent  upon  the  county 
commissioners  of  such  county  to  levy  not  exceeding  four- 
tenths  mill  upon  the  assessed  valuation  of  the  county  or  part 
thereof  subject  to  taxation  for  the  benefit  of  such  school  or 
schools,  the  money  so  derived  to  be  used  in  the  payment  of 
such  indebtedness :  Provided,  That  the  county  superintendent 
of  public  instruction  shall  first  ascertain  the  aggregate  of  such 
indebtedness  and  communicate  the  same  to  the  county  com- 
missioners, which  aggregate  sum  shall  be  the  basis  upon 
which  the  levy  required  is  computed,  and  the  levy  so  made 
shall  be,  as  near  as  can  be  approximately  estimated,  adequate 
to  raise  a  sum  sufficient  to  discharge  such  indebtedness  and 
no  more :  Provided  further,  That  any  moneys  derived  from  this 
source  remaining  in  the  treasury  after  all  such  indebtedness 
has  been  paid,  as  provided  in  this  act,  shall  become  the  prop- 
erty of  the  general  fund  for  the  support  and  maintenance  of 
the  school  or  schools  in  such  county  established  pursuant  to 
sections  9320,  9321,  9322,  9323,  9324,  9325,  9326,  9327,  9328 
and  9329  of  the  General  Statutes  of  Kansas  for  1915,  as  before 
mentioned.  (Laws  1917,  ch.  287,  sec.  1.) 

§  491.  Levy  Made,  When.  [9321]  The  first  levy  shall  be 
made  when  the  result  of  the  election  or  petition  is  determined, 
and  a  similar  levy  shall  be  made  each  year  thereafter:  Pro- 
vided, No  levy  shall  be  made  until  one  or  more  such  high 
schools  shall  have  been  maintained  in  the  county  the  preced- 
ing school  year.  (Laws  1905,  ch.  397,  sec.  2.) 

§492.  Funds  Collected.  [9322]  Said  tax  shall  be  levied  and 
collected  in  the  same  manner  as  other  county  taxes,  and,  when 
collected,  the  county  treasurer  shall  pay  the  same  to  the  treas- 
urers of  the  school  districts  maintaining  high  schools  accord- 
ing to  the  provisions  of  this  act,  as  required  by  law,  but  no 
part  of  said  general  high-school  fund  shall  ever  be  used  for 


CH.    15]  BARNES   HIGH    SCHOOLS.  167 

other  than  high-school  purposes.125  (Laws  1905,  ch.  397, 
sec.  3.) 

§  493.  Amount  of  Tax  Determined  by  Number  of  Teachers 
Certified  to  County  Commissioners  by  County  Superintendent. 

Section  9325  of  the  General  Statutes  of  1915  is  hereby  amended 
so  as  to  read  as  follows :  Sec.  9325.  It  shall  be  the  duty  of  the 
county  superintendent  of  public  instruction  on  or  before  the 
twenty-fifth  day  of  July  in  each  year  to  certify  to  the  board  of 
county  commissioners  the  number  of  teachers  employed  in  the 
several  high  schools  complying  with  the  provisions  of  this  act 
in  the  county  during  the  year  ending  on  the  thirtieth  day  of 
June  preceding,  counting,  for  the  purpose  of  this  act,  each 
superintendent  and  each  principal  as  one  teacher,  and  the 
county  commissioners  shall  levy  a  tax,  not  in  excess  of  the 
limit  prescribed  for  this  purpose -by  law,  which  levy  shall  be 
sufficient  to  produce  an  amount  equal  to  $800  multiplied  by  the 
number  of  teachers  employed  during  the  preceding  year  in  the 
high  schools  complying  with  the  provisions  of  this  act,  which 
number  shall  have  been  determined  and  certified  by  the  county 
superintendent  as  herein  provided;  and  in  case  the  county 
commissioners  shall  fail  to  make  such  levy,  then  the  county 
superintendent  of  public  instruction  shall  make  a  suitable  levy 
and  shall  certify  the  same  to  the  county  clerk,  who  shall  enter 
upon  the  tax  rolls  the  levy  so  made  by  the  county  superintend- 
ent. (Laws  1917,  ch.  281,  sec.  1.) 

§  494.  Distribution  of  Funds.  That  section  1  of  chapter 
265  of  the  Session  Laws  of  Kansas  for  1919  is  amended  to 
read  as  follows :  Section  1.  That  each  high  school  entitled  to 
participate  in  the  funds  produced  by  the  tax  provided  for  in 
section  1,  chapter  281,  Laws  of  1917,  shall  receive  eight  hun- 
dred dollars,  and  the  balance  of  said  funds  shall  be  appor- 
tioned among  such  high  schools  in  proportion  to  the  total  num- 
ber of  days  of  actual  attendance  of  all  pupils  in  the  high  schools 
of  said  city  and  districts  during  the  school  year  immediately 
preceding  said  payment,  which  attendance  of  said  pupils  shall 
be  certified  to  the  county  treasurer  by  the  county  superin- 
tendent of  public  instruction ;  and  said  county  treasurer  shall 
pay  such  proportion  of  such  fund  to  the  respective  treasurers 
of  boards  of  education  and  school  districts  and  rural  high- 
school  districts  as  are  entitled  to  participate  in  said  fund. 
(Laws  1920,  ch.  54,  sec.  1.) 

§  495.  Apportionment  in  Joint  Districts.  That  section  4  of 
chapter  281  of  the  Laws  of  1917  be  amended  so  as  to  read  as 
follows :  Sec.  4.  Whenever  any  high  school  to  which  this  act 
shall  apply  shall  be  maintained  in  any  joint  school  district  or 
in  any  rural  high-school  district  lying  partly  in  two  or  more 
counties  in  each  of  which  the  provisions  of  chapter  397  of  the 

125.  The  high-school  fund  levied  under  this  act  cannot  be  used  for  the 
repair  or  erection  of  school  buildings,  except  as  provided  in  section  486. 


168  BARNES   HIGH   SCHOOLS.  [CH.    15 

Laws  of  1905  and  amendments  thereto  shall  be  in  force,  the 
county  superintendent  having  jurisdiction  over  such  joint 
school  districts,  or  the  county  superintendent  of  the  county  in 
which  such  rural  high  school  is  located,  shall  apportion  the 
number  of  teachers  employed  in  said  high  school  to  the  several 
counties  in  which  any  part  of  said  joint  school  district  or  said 
rural  high-school  district  shall  lie,  in  the  proportion  which  the 
number  of  days  of  attendance  in  said  high  school  of  the  pupils 
residing  in  each  county  shall  bear  to  the  total  number  of  days 
of  attendance  in  said  high  school  during  the  school  year  pre- 
ceding the  levy  of  the  tax  provided  for  in  section  1  of  this 
act,  and  said  county  superintendent  shall  report  said  appor- 
tionment to  the  county  superintendents  of  the  several  counties 
in  which  any  part  of  said  joint  school  district  or  said  rural 
high-school  district  shall  lie,  and  said  county  superintendents 
shall  certify  the  same  to  the  county  commissioners  of  their 
respective  counties.  Whenever  any  high  school,  meeting  the 
requirements  of  chapter  397  of  the  Session  Laws  of  1905  and 
its  amendments,  shall  be  maintained  in  any  joint  school  dis- 
trict or  in  any  rural  high-school  district,  any  part  of  which 
district  shall  lie  in  any  county  in  which  the  provisions  of  chap- 
ter 397  of  the  Laws  of  1905  and  amendments  thereto  ^shall  be 
in  force  and  part  in  a  county  in  which  said  law  is  not  in  force, 
it  shall  be  the  duty  of  the  county  superintendent  having  juris- 
diction over  said  joint  school  district  or  rural  high-school  dis- 
trict to  make  an  equitable  apportionment  of  the  teachers  em- 
ployed based  on  the  attendance  of  the  pupils  residing  in  the 
county  in  which  said  chapter  397  is  in  force,  and  he  shall  on 
or  before  July  25  in  each  year  certify  the  same  to  the  county 
superintendent  of  the  county  in  which  chapter  397  of  the  Laws 
of  1905  and  the  amendments  thereto  is  in  force,  together,  with 
a  statement  of  the  total  number  of  days  of  actual  attendance  of 
pupils  in  such  high  school  residing  in  such  county  during  the 
school  year  immediately  preceding,  and  said  county  super- 
intendent shall  certify  said  number  of  teachers  so  apportioned 
to  the  board  of  commissioners  of  his  county,  and  thereupon 
such  number  of  teachers  shall  be  included  in  the  computation 
of  the  tax  to  be  raised  as  provided  in  section  1  of  chapter 
281  of  the  Laws  of  1917,  and  shall  certify  such  attendance  of 
pupils  to  the  county  treasurer  of  his  county,  who  shall  dis- 
burse the  fund  produced  by  the  tax  levied  under  the  provisions 
of  section  1  of  chapter  281  of  the  Laws  of  1917  to  the  treasurer 
of  such  joint  school  districts  or  rural  high-school  district  in 
proportion  as  provided  in  sections  2  and  3  of  the  said  chapter 
281  of  the  Laws  of  1917.  (Laws  1919,  ch.  266,  sec.  1.) 

NOTE. — Sections  2  and  3,  ch.  281,  Laws  of  1917,  repealed  by  ch.  265, 
Laws  of  1919.  Ch.  265,  Laws  of  1919,  was  repealed  by  ch.  54,  Laws  of  1920. 

§  496.    Additional  Support.    The  board  of  education  of  any 
city,  any  school  district,  and  any  rural  high-school  district 


CH.  15]  BARNES  HIGH  SCHOOLS.  169 

board  may  levy  a  tax,  within  the  limits  prescribed  by  law,  to 
supplement  the  funds  produced  by  the  county  tax  provided  for 
in  this  act.  (Laws  1917,  ch.  281,  sec.  5.) 

§  497,  Report  of  Principal.  [9324]  It  shall  be  the  duty  of 
the  principal  of  each  such  high  school,  at  the  expiration  of  the 
school  year,  to  make  a  report,  under  oath,  to  the  county  super- 
intendent, showing  the  total  enrollment  and  the  daily  attend- 
ance of  each  pupil,  and  the  average  daily  attendance  in  high 
school  for  that  year,  and  to  furnish  such  other  reports  as  the 
county  superintendent  may  require,  and  his  last  month's  sal- 
ary shall  not  be  due  until  such  reports  shall  have  been  duly 
made.  (Laws  1905,  .ch.  397,  sec.  5.) 

§498.  Courses  of  Study.  [9327]  At  least  two  courses  of  in- 
struction shall  be  provided,  each  requiring  four  years'  work,126 
namely,  a  college  preparatory  course,  which  shall  fully  prepare 
those  who  complete  it  to  enter  the  freshman  class  of  the  college 
of  liberal  arts  and  sciences  of  the  University  of  Kansas,  and  a 
general  course,  designed  for  those  who  do  not  intend  to  con- 
tinue school  work  beyond  the  high  school.  (Laws  1905,  ch. 
397,  sec.  8.) 

§  499.  Tuition  Free;  Paid  in  Adjoining  County.  That  sec- 
tion 9326  of  the  General  Statutes  of  Kansas  be  amended  to  read 
as  follows:  Sec.  9326.  That  tuition  shall  be  free  in  all  such 
high  schools  to  pupils  residing  in  the  county  where  such  schools 
are  located:  Provided,  That  such  pupils  shall  present  to  the 
high-school  authorities  an  entrance  certificate  signed  by  the 
county  superintendent  of  public  instruction,  certifying  that 
such  pupil  has  completed  the  course  of  study  prescribed  by  the 
State  Board  of  Education  for  the  public  schools  below  the  high 
school;  or  who  shall  pass  such  entrance  examination  as  the 
high-school  authorities  may  require:  And  provided  further, 
That  wherever  a  community  is  remote  from  or  is  inconvenient 
of  access  to  any  high  school  operating  organized  under  the  pro- 
visions of  this  act,  and  there  are  not  sufficient  pupils  of  high- 
school  advancement  in  such  community  to  organize  and  main- 
tain another  high  school,  the  board  of  county  commissioners 
shall,  upon  recommendation  of  the  county  superintendent  of 
public  instruction,  pay  the  tuition,  not  exceeding  $4  per  month, 
for  such  pupils  of  high-school  advancement  in  the  nearest  high 
school  to  such  community,  but  within  the  county  or  in  the 
county  adjacent  thereto:  Provided  further,  That  the  county 
commissioners  shall  pay  such  tuition  from  the  general  fund  of 
the  county  where  such  pupils  reside.  (Laws  1917,  ch.  289, 
sec.  1.) 

§  500.  Some  Cities  and  Counties  Exempt.  [9328]  Cities 
having  more  than  16,000  inhabitants  and  counties  having  here- 

126.  Two  courses  of  four  years  each  must  be  maintained.  The  col- 
lege preparatory  course  must  be  approved  by  the  State  Board  of  Educa- 
tion. 


170  BARNES   HIGH    SCHOOLS.  [CH.    15 

tof ore  established  county  high  schools  or  which  may  hereafter 
establish  county  high  schools  under  the  laws  now  in  force  shall 
be  exempt  from  the  operation  of  this  act.  (Laws  1905,  ch.  397, 
sec.  9.) 

§  501.  When  in  Force.  [9329]  This  act  shall  not  be  in 
force  in  any  county  until  its  provisions  are  adopted  therein  by 
a  majority  of  the  electors  voting  on  said  proposition.  At  the 
next  general  election  after  the  passage  of  this  amendment,  the 
following  proposition  shall  be  submitted  in  each  county,  or 
part  of  county,  in  the  state  to  which  this  law  may  apply, 
namely :  "May  the  provisions  of  the  high-school  act  of  1905,  as 
amended  by  the  Laws  of  1907  and  1908,  apply  in  this  county?" 
The  election  shall  be  conducted  and  such  proposition  shall  be 
voted  on  and  the  votes  then  canvassed  and  returns  made  in  all 
respects  as  provided  by  law.  Whenever -a  majority  of  the 
voters  voting  on  this  proposition  in  any  county,  or  part  of  any 
county,  to  which  this  law  may  apply,  at  such  election  shall  be 
in  favor  of  such  proposition,  the  provisions  of  this  act  shall 
apply  in  such  county  from  the  time  such  result  is  ascertained. 
If  the  proposition  fails  to  carry  at  the  next  general  election,  it 
may  be  submitted  in  each  county,  or  part  of  county,  in  this 
state  to  which  this  law  shall  apply,  upon  petition  to  the  board 
of  county  commissioners,  signed  by  twenty-five  per  cent  of  the 
taxpayers  of  such  county,  or  part  of  county,  at  any  general 
election  hereafter:  Provided,  That  this  law  shall  not  be  sub- 
mitted at  the  general  election  in  1908  in  counties  which  have 
already  adopted  the  provisions  of  the  act  to  which  this  act  is 
amendatory.  (Laws  1908,  ch.  69,  sec.  2.) 

§  502.  "Barnes"  Law  in  Effect  in  Certain  Counties.  [9330] 
That  in  all  counties  of  this  state  in  which  high  schools  have 
been  established  and  maintained  for  one  year,  and  which  said 
high  schools  have  been  established  and  maintained  under  the 
provisions  of  chapter  397  of  the  Laws  of  1905,  as  amended  by 
chapter  333  of  the  Laws  of  1907  and  chapter  69  of  the  Laws 
of  1908,  by  a  majority  of  all  the  votes  cast  on  said  proposition, 
said  chapter  397  of  the  Laws  of  1905,  as  amended  by  chapter 
333  of  the  Laws  of  1907  and  by  chapter  69  of  the  Laws  of 
1908,  shall  be  in  full  force  and  effect  from  and  after  the  pub- 
lication of  this  act  in  all  such  counties  without  again  submit- 
ting the  question  to  a  vote  of  the  electors :  Provided,  however, 
This  act  shall  not  apply  to  counties  where  the  proposition  was 
resubmitted  under  chapter  69  of  the  Session  Laws  of  1908  and 
rejected.  (Laws  1909,  ch.  219,  sec.  1.) 

NOTE.— Published  Feb.  20,  1909. 

§  503.    County  Treasurer  to  Pay  Taxes  Collected.     [9331] 

It  shall  be  the  duty  of  the  county  treasurer  of  every  county  in 
the  state  of  Kansas  to  promptly  pay  over  and  distribute  on 
demand  all  moneys  now  in  his  hands,  or  which  may  hereafter 


CH.  15]  RURAL  HIGH  SCHOOLS.  171 

come  into  his  hands  by  reason  of  any  tax  levy  made  by  any 
county,  city,  township  or  school  district,  to  the  treasurer  of 
the  city,  township  or  school  district,  for  the  use  and  benefit  of 
which  it  was  collected,  under  the  provisions  of  chapter  397  of 
the  Laws  of  1905,  as  amended  by  chapter  333  of  the  Laws  of 
1907  and  by  chapter  69  of  the  Laws  of  1908.  (Laws  1909,  ch. 
215,  sec.  1.) 

§  504.    Penalty,  County  Treasurer  Not  Paying  Over  Money. 

[9332]  Any  county  treasurer  who  shall  violate  the  provisions 
of  this  act  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  five  hundred  dollars.  (Laws  1909,  ch.  215, 
sec.  2.) 

ARTICLE  VIII.— Rural  High-school  Districts— Township  High  Schools. 

§505.  Authority     to     establish     mral     high        §513.  Authority  of   county  superintendent; 

transfer  of  territory;   governed  by 
law  for  school  districts. 

514.  Attachment  of  adjacent  territory. 

515.  Course  of  study. 

516.  Admission  of  pupils. 

517.  Barnes  law  may  apply. 

518.  Barnes  law  funds  to  be  paid. 

519.  Township  high  schools. 


schools. 

506.  Petition;   election. 

507.  Validating  certain  bonds. 

508.  Territory  containing  town  or  city. 

509.  Canvass    of    vote;    election    of    high- 

school  board. 

510.  Annual  school  meeting;  tax  levy. 

511.  District  in  two  or  more  counties. 

512.  Powers  of  board;  bonds;  site. 

§  505.  Authority  to  Establish  Rural  High  Schools.  Section 
9347  of  the  General  Statutes  of  1915  is  hereby  amended  so 
as  to  read  as  follows :  Sec.  9347.  The  legal  electors  residing  in 
territory  containing  not  less  than  sixteen  square  miles  and 
comprising  one  or  more  townships  or  parts  thereof  shall  have 
authority  to  form  a  rural  high-school  district,  whose  bound- 
aries shall  have  been  approved  by  the  county  superintendent  of 
public  instruction  of  each  county  in  which  any  part  of  such 
proposed  district  shall  be  situated,  or  by  the  state  superin- 
tendent of  public  instruction  in  case  the  county  superintend- 
ents of  two  or  more  counties  shall  fail  to  agree  on  the  ap- 
proval of  the  boundaries  of  the  proposed  district,  and  to  estab- 
lish, locate,  and  maintain  therein  a  rural  high  school  as  herein- 
after provided.  (Laws  1917,  ch.  284,  sec.  1.) 

§  506.  Petition;  Election.  Section  9348  of  the  General  Stat- 
utes of  1915  is  hereby  amended  so  as  to  read  as  follows: 
Sec.  9348.  Whenever  a  petition,  signed  by  two-fifths  of  the 
legal  electors  residing  in  the  territory  of  the  proposed  rural 
high-school  district,  to  be  determined  by  an  enumeration  taken 
for  this  purpose  by  any  legal  elector  residing  in  said  territory 
and  by  him  certified  under  oath  to  the  county  commissioners, 
shall  be  presented  to  the  board  of  county  commissioners  of  the 
county  in  which  lies  the  greatest  portion  of  territory  com- 
prising said  district,  reciting  the  boundaries  of  said  proposed 
district  and  the  approval  thereof  as  provided  in  section  1  of 
this  act,  and  requesting  said  board  of  county  commissioners  to 
call  a  special  election  to  vote  on  establishing  and  locating  a 
rural  high  school,  and,  if  deemed  necessary  by  the  petitioners, 
to  vote  bonds  for  the  purchase  of  a  site  and  for  the  construe- 


172  RURAL   HIGH   SCHOOLS.  [CH.    15 

tion  of  a  high-school  building,  the  proposed  location  and  the 
amount  of  the  bonds  proposed  to  be  stated  in  the  petition,  it 
shall  be  the  duty  of  the  board  of  county  commissioners  forth- 
with to  call  a  special  election  in  said  proposed  district  to  vote 
on  establishing  and  locating  a  rural  high  school  and  to  vote 
bonds  for  the  purchase  of  a  site  and  for  the  construction  of  a 
high-school  building :  Provided,  That  no  vote  on  the  issuing  of 
bonds  shall  be  taken  unless  the  petition  calling  for  said  elec- 
tion shall  state  the  purpose  for  which  bonds  are  to  be  issued 
and  the  amount  of  such  bonds.  All  elections  held  under  the 
provisions  of  this  act  shall  be  governed  by  the  general  election 
laws  of  the  state  when  not  contrary  to  this  act.  Notice  of  all 
such  elections  shall  be  given  at  least  twenty-one  days  prior  to 
the  date  of  such  election  by  posting  printed  or  typewritten 
notices  on  the  door  of  each  schoolhouse  in  the  proposed  district 
and  by  publishing  the  same  twice  in  some  newspaper  published 
in  each  county  in  which  the  proposed  district  or  any  part  of  the 
proposed  district  lies,  and  such  elections  shall  not  be  called 
of  tener  than  once  in  every  two  years  unless  by  petition  of  more 
than  one-half  the  legal  voters  of  said  district  presented  to  the 
proper  county  commissioners.  The  board  of  county  commis- 
sioners calling  the  election  shall  appoint  the  judges  and  clerks 
of  the  election,  and  the  boards  of  county  commissioners  of  the 
counties  in  which  said  rural  high-school  district  shall  be  situ- 
ated shall  make  appropriations  from  the  county  funds  to  pay 
the  necessary  expenses  of  said  election,  which  shall  be  appor- 
tioned to  the  respective  counties  in  proportion  to  the  assessed 
valuation  of  the  property  in  said  rural  high-school  district 
which  shall  be  in  each  of  such  counties :  Provided,  That  if  any 
rural  high  school  shall  heretofore  have  voted  to  organize  un- 
der the  provision  of  this  section,  and  shall  not  have  accumu- 
lated any  property,  nor  incurred  any  expense  or  obligation, 
nor  issued  any  bonds  or  other  evidence  of  indebtedness,  such 
rural  high  school  may  be  disorganized  upon  a  petition,  notice, 
and  election  presented,  given  and  held  for  the  disorganization 
of  such  rural  high  school  upon  the  same  terms  and  provisions 
as  are  hereinbefore  prescribed  in  this  section  for  the  estab- 
lishing and  locating  thereof,  except  that  such  petition  shall 
pray,  such  notice  shall  declare  and  such  election  shall  be  held 
for  the  disorganization  of  said  rural  high  school:  Provided, 
That  this  shall  not  affect  any  district  in  which  a  suit  has  been 
brought  concerning  the  organization,  or  issuance  of  bonds. 
(Laws  1917,  ch.  284,  sec.  2.) 

§  507.  Validating  Certain  Bonds.  That  whenever  any  rural 
high  school  district  in  this  state  embracing  all  or  any  portion 
of  the  territory  of  a  single  county,  shall  have  heretofore  issued 
bonds  for  the  purchase  of  a  site  and  the  construction  of  a  rural 
hifrh-school  building,  and  shall  have  failed  to  give  the  proper 
publication  notices  required  under  the  provisions  of  section 
9348  of  the  General  Statutes  of  Kansas  for  1915,  but  shall  have 


CM.  15]  RURAL  HIGH  SCHOOLS.  173 

proceeded  with  the  issuance  of  said  bonds  and  sold  the  same ; 
then,  and  in  that  event,  the  action  of  such  rural  high-school 
district,  in  all  preliminary  steps,  is  hereby  declared  to  be  legal 
and  the  said  election  held  thereunder  and  bonds  issued  in  ac- 
cordance therewith  are  declared  to  be  legal  and  valid  for  all 
purposes.  (Laws  1920,  ch.  57,  sec.  1.) 

§  508.  Territory  Containing  Town  or  City.  Section  9349  of 
the  General  Statutes  of  1915  is  hereby  amended  so  as  to  read 
as  follows:  Sec.  9349.  If  the  territory  comprising  the  pro- 
posed rural  high-school  district  shall  contain  any  incorporated 
town  or  city  with  a  population  of  more  than  500,  the  election 
provided  for  in  section  2  of  this  act  shall  not  be  called  unless 
petitions  shall  be  presented  to  the  county  commissioners, 
signed  by  two-fifths  of  the  legal  electors  residing  in  said  town 
or  city  and  by  two-fifths  of  the  legal  electors  residing  in  the 
territory  of  the  proposed  rural  high-school  district  outside  of 
said  town  or  city ;  and  when  such  petitions  shall  be  presented, 
the  county  commissioners  shall  call  an  election  as  provided  in 
section  2  of  this  act,  and  the  vote  in  said  town  or  city  and  in  the 
territory  outside  of  said  town  or  city  shall  be  taken  and 
counted  separately;  and  a  rural  high-school  district  shall  not 
be  formed  in  territory  containing  any  incorporated  town  or 
city  with  a  population  of  more  than  500  unless  the  proposition 
to  form  such  a  high-school  district  and  to  establish  a  high 
school  therein  shall  be  favored  by  a  majority  of  those  voting  in 
said  town  or  city  and  by  a  majority  of  those  voting  in  the  ter- 
ritory of  the  proposed  rural  high-school  district  outside  of  said 
town  or  city.  (Laws  1917,  ch.  284,  sec.  3.) 

§509.  Canvass  of  Vote;  Election  of  High-school  Board. 
[9350]  On  the  Friday  following  the  election  held  as  provided 
in  sections  2  and  3  of  this  act  the  board  of  county  commission- 
ers shall  canvass  the  vote  and  shall  report  the  same  to  the 
county  superintendent  of  public  instruction.  Upon  receiving 
notice  that  a  proposition  to  establish  a  rural  high  school  has 
been  adopted  by  a  majority  of  those  voting  in  an  election  held 
as  provided  in  sections  2  and  3  of  this  act,  the  county  superin- 
tendent of  public  instruction  shall  call  a  special  meeting,  notice 
of  which  shall  be  given  as  provided  in  section  2,  to  elect  a  rural 
high-school  board  which  shall  consist  of  a  director,  clerk,  and 
treasurer ;  and  the  persons  elected  shall  serve  respectively  until 
the  expiration  of  the  terms  of  director,  clerk,  and  treasurer  of 
school  districts,  and  thereafter  rural  high-school  officers  shall 
serve  for  a  term  of  three  years  and  until  their  successors  are 
elected  and  qualified.  (Laws  1915,  ch.  311,  sec.  4.) 

§  510.  Annual  School  Meeting;  Tax  Levy.  That  section  4  of 
chapter  284  of  the  Laws  of  1917  be  and  the  same  is  hereby 
amended  to  read  as  follows :  Sec.  4.  The  annual  school  meeting 
for  the  election  of  officers  shall  be  held  at  two  o'clock  p.  m., 
on  the  day  preceding  the  date  of  the  annual  meeting  of  school 


174  RURAL  HIGH  SCHOOLS.  [CH.  15 

districts.127  The  high-school  board  of  each  rural  high-school 
district  shall  meet  annually  on  the  third  Monday  in  April  at 
two  o'clock  p.  m.,  at  the  high-school  building  or  at  such  other 
place  as  they  may  agree  upon  and  shall  make  the  necessary 
levy  for  taxes,  not  to  exceed  six  mills  on  the  dollar  of  valua- 
tion on  all  taxable  property  in  the  rural  high-school  district, 
to  pay  teachers,  to  create  a  certain  fund  to  retire  any  indebted- 
ness and  pay  interest  on  the  same,  to  purchase  a  site,  to  build, 
hire  or  purchase  a  schoolhouse,  and  to  pay  the  incidental  ex- 
penses of  said  high  schools.  The  clerk  of  said  district  shall 
certify  the  levy  to  the  county  clerk,  who  shall  extend  the 
amount  on  the  tax  roll,  and  the  county  treasurer  shall  collect 
and  pay  over  such  taxes  in  the  manner  provided  by  law  for 
school  districts.  (Laws  1920,  ch.  52,  sec.  7.) 

§  511.  District  in  Two  or  More  Counties.  In  case  any  rural 
high-school  district  shall  lie  partly  in  two  or  more  counties, 
the  clerk  of  said  high-school  district  shall  certify  the  tax  levy 
to  the  county  clerk  of  each  county  in  which  any  part  of  said 
high-school  district  lies,  and  said  county  clerk  shall  place  the 
same  on  the  tax  roll  and  the  county  treasurer  of  each  of  said 
counties  shall  collect  and  pay  over  such  taxes  to  the  treasurer 
of  the  high-school  district  as  provided  in  section  5;  and  such 
rural  high-school  district  shall  be  under  the  supervision  and 
control  of  the  county  superintendent  of  that  one  of  the  counties 
in  which  at  any  time  lies  the  greatest  portion  of  the  territory 
comprising  said  district.  (Laws  1915,  ch.  311,  sec.  7.) 

§  512.  Powers  of  Board;  Bonds;  Site.  Section  9352  of  the 
General  Statutes  of  1915  is  hereby  amended  so  as  to  read  as 
follows:  Sec.  9352.  The  rural  high-school  board  shall  have 
the  care  and  control  of  all  property  belonging  to  the  high- 
school  district  and,  except  as  herein  provided,  shall  have  the 
powers  prescribed  by  law  -for  school-district  boards.  The  rural 
high-school  board  shall  have  authority  to  secure  a  site,  selected 
as  provided  in  section  2  of  this  act,  either  by  donation  or  pur- 
chase, to  build  or  purchase  a  schoolhouse,  and  to  hire  a  school- 
house,  school  rooms,  or  other  property  to  be  used  for  school 
purposes;  and  the  district  board  of  any  school  district  shall 
have  authority  and  is  hereby  authorized  to  lease  or  cause  to  be 
leased  to  any  rural  high-school  board  any  schoolhouse,  school 
rooms,  or  other  property  to  be  used  for  rural  high-school  pur- 
poses. The  rural  high-school  district  board  shall  have  au- 
thority to  issue  the  bonds  of  the  rural  high-school  district  for 
the  purchase  of  a  site  and  for  the  construction  of  a  building  or 
buildings  for  school  purposes :  Provided,  That  no  bonds  shall 
be  issued  unless  authorized  by  an  election  held  in  accordance 
with  section  2  of  this  act  or  by  an  election  held  in  accordance 
with  sections  9177  and  9178  of  the  General  Statutes  of  1915  : 

127.  The  annual  meeting  of  school  districts  is  held  on  the  second  Fri- 
day in  April.  (See  section  315  of  this  book.) 


CH.  15]  RURAL  HIGH  SCHOOLS.  175 

Provided,  That  notice  of  all  such  elections  in  rural  high-school 
districts  shall  be  given  as  provided  in  section  2  of  this  act. 
Except  as  herein  provided,  the  laws  relating  to  the  issuing  of 
school-district  bonds  shall  apply  to  rural  high-school  districts 
formed  in  accordance  with  this  act.  If  a  site  selected  as  herein 
provided  cannot  be  acquired  by  donation  or  otherwise,  or  by 
purchase  at  a  reasonable  price,  such  site  may  be  condemned  in 
the  manner  provided  in  section  8917  of  the  General  Statutes  of 
1915  for  the  condemnation  of  sites  in  school  districts;  but  the 
amount  of  land  in  the  site  so  condemned  shall  not  exceed  ten 
acres,  and  the  amount  of  land  for  site  and  grounds  acquired  by 
purchase  without  condemnation  proceedings  shall  not  exceed 
forty  acres.  (Laws  1917,  ch.  284,  sec.  5.) 

§513.  Authority  of  County  Superintendent;  Transfer  of 
Territory ;  Governed  by  Law  for  School  Districts.  Section  9354 
of  the  General  Statutes  of  1915  is  hereby  amended  so  as  to 
read  as  follows:  Sec.  9354.  The  county  superintendents  of 
public  instruction  shall  have  authority  to  transfer  territory 
from  any  rural  high-school  district  to  any  adjoining  rural  high- 
school  district  or  to  any  school  district  in  which  a  four-year  ac- 
credited high  school  is  maintained,  and  notice  of  any  such 
transfer  of  territory  shall  be  given  as  provided  by  law  for 
changes  in  school-district  boundaries,  and  an  appeal  from  the 
action  of  the  county  superintendent  to  the  county  commission- 
ers may  be  taken  in  the  manner  provided  by  law  for  an  appeal 
in  the  alteration  of  school-district  boundaries ;  and  county  sup- 
erintendents of  public  instruction  shall  have  the  same  general 
supervision  over  rural  high  schools  as  they  have  by  law  over 
district  schools,  and  rural  high-school  districts  shall  be  gov- 
erned as  provided  by  law  for  school  districts  except  as  provided 
in  this  act.  (Laws  1917,  ch.  284,  sec.  6.) 

§  514.  Attachment  of  Adjacent  Territory.  [9357]  Terri- 
tory outside  the  limits  of  any  rural  high-school  district,  but 
adjacent  thereto,  may  be  attached  to  such  high-school  district 
for  high-school  purposes,  upon  application  being  made  to  the 
rural  high-school  board  by  a  majority  of  the  electors  of  such 
adjacent  territory,  and  upon  the  approval  of  said  rural  high- 
school  board  and  the  consent  of  the  county  superintendent  of 
public  instruction.  The  county  superintendent  shall  make  a 
record  of  such  attachment  of  territory  and  shall  publish  a  no- 
tice of  the  same,  and  thereafter  such  attached  territory  shall 
be  and  compose  a  part  of  such  rural  high-school  district  for 
such  rural  high-school  purposes  only,  and  the  taxable  property 
of  such  adjacent  territory  shall  be  subject  to  taxation  and  shall 
bear  its  full  proportion  of  all  expenses  incurred  in  maintaining 
said  rural  high  school.  (Laws  1915,  ch.  311,  sec.  11.) 

§  515.  Course  of  Study.  Section  9355  of  the  General  Stat- 
utes of  1915  is  hereby  amended  so  as  to  read  as  follows :  The 
rural  high  schools  herein  provided  for  shall  follow  the  course 


176  RURAL  HIGH  SCHOOLS.  [CH.  15 

of  study  prescribed  for  rural  high  schools  by  the  State  Board 
of  Education,  and  said  State  Board  of  Education  may  extend 
the  course  of  study  so  as  to  include  a  two-year  course  equiva- 
lent to  the  course  of  study  prescribed  by  the  State  Board  of 
Education  for  the  last  two  years  in  the  elementary  schools. 
(Laws  1917,  ch.  284,  sec.  7.) 

§  516.    Admission  of  Pupils.    [9356]    Any  pupil  residing  in 
the  high-school  district  who  has  completed  the  course  of  study 
provided  for  district  schools  by  the  State  Board  of  Education, 
and  who  can  present  a  certificate  thereof  signed  by  the  county 
superintendent  of  public  instruction  shall  be  eligible  to  ad- 
mission to  the  rural  high  school ;  and  if  provision  shall  be  made 
by  the  rural  high-school  board,  with  the  approval  of  the  county 
superintendent  of  public  instruction,  for  teaching  any  branches 
belonging  to  the  course  of  study  for  elementary  district  schools, 
such  pupils  as  may  be  recommended  by  the  county  superintend- 
ent may  be  admitted  and  taught  in  rural  high  schools:    Pro- 
vided, That  pupils  sixteen  years  of  age  or  over  may  be  admitted 
to  such  rural  high  schools  by  action  of  the  rural  high-school 
board  and  may  be  assigned  to  such  classes  as  the  principal  may 
determine.    Tuition  in  a  rural  high  school  shall  be  free  to  all 
pupils  residing  in  such  high-school  district,  and  nonresident 
pupils  qualified  as  herein  provided  may  be  admitted,  but  not 
to  the  exclusion  of  any  resident  pupil,  on  the  payment  of  a 
tuition  fee  fixed  by  the  high-school  board.     (Laws  1915,  ch. 
311,  sec.  10.) 

§  517.  "Barnes"  Law  May  Apply.  In  any  county  in  which 
the  provisions  of  chapter  397  of  the  Laws  of  1905,  with  amend- 
ments thereto,  shall,  at  the  time  when  this  act  takes  effect  or 
thereafter,  be  in  force,  the  provisions  of  said  chapter  397  of 
the  Laws  of  1905,  with  amendments  thereto,  and  chapter  272 
of  the.  Laws  of  1911  shall  apply  to  any  rural  high-school  dis- 
trict formed  in  such  county  in  accordance  with  the  provisions 
of  chapter  311  of  the  Laws  of  1915  and  acts  amendatory  thereof 
or  in  accordance  with  this  act  in  the  same  manner  as  is  pro- 
vided for  school  districts  and  cities :  Provided,  That  the  rural 
high-school  board  may  levy  a  tax  as  provided  in  section  3  of 
this  act  for  the  purposes  therein  mentioned  to  supplement  the 
amount  which  may  be  apportioned  to  said  rural  high-school 
district  from  the  county  high-school  fund.  (Laws  1917,  ch. 
284,  sec.  8.) 

§  518.  '"Barnes"  Law  Funds  to  be  Paid.  In  any  county  in 
which  chapter  397  of  the  Laws  of  1905,  with  amendments 
thereto,  shall  be  in  force  at  the  time  when  this  act  takes  effect, 
if  the  county  superintendent  of  public  instruction  shall  have 
certified  to  the  county  clerk  and  the  county  treasurer,  as  pro- 
vided in  section  1,  chapter  333,  of  the  Laws  of  1907,  the  amount 
necessary  for  the  maintenance  of  any  rural  high  school  in  any 


CH.    15]  HIGH   SCHOOL   EXTENSION.  177 

rural  high-school  district ;  and  if  the  pro  rata  part  of  the  gen- 
eral high-school  fund  apportioned  to  such  rural  high-school 
district,  levied  and  collected  as  provided  in  said  chapter  397  of 
the  Laws  of  1905,  with  amendments  thereto,  shall  not  have 
been  paid  over  by  the  county  treasurer  to  the  treasurer  of  such 
rural  high-school  district  at  the  time  when  this  act  takes  effect, 
it  is  hereby  made  the  duty  of  said  county  treasurer  to  pay  over 
said  pro  rata  part  of  the  general  high-school  fund  to  the  treas- 
urer of  any  rural  high-school  district  for  the  use  and  benefit  of 
which  it  was  levied  and  collected,  as  provided  in  chapter  397 
of  the  Laws  of  1905  and  amendments  thereto.  (Laws  1917, 
ch.  284,  sec.  9.) 

§  519.  Township  High  Schools.  Township  high  schools 
heretofore  established  under  the  provisions  of  chapter  262  of 
the  Session  Laws  of  1911  or  chapter  278  of  the  Session  Laws 
of  1913  shall  hereafter  be  governed  by  the  laws  relating  to 
rural  high-school  districts.  (Laws  1917,  ch.  284,  sec.  10.) 

ARTICLE  IX.— High-school  Fraternities. 

§520.  Membership  unlawful. 
§521.   Penalty. 

§  520.  Membership  Unlawful.  [9450]  It  shall  be  unlawful 
for  the  pupils  of  any  high  schools  to  participate  in  or  be  mem- 
bers of  any  secret  fraternity  or  secret  organization  whatso- 
ever that  is  in  any  degree  a  school  organization.  (Laws  1907, 
ch.  320,  sec.  1.) 

§  521.  Penalty.  [9451]  Any  board  of  education  or  board  of 
trustees  of  county  high  schools  are  hereby  authorized  and 
empowered  to  deny  to  any  student  regularly  enrolled  in  such 
high  school,  who  shall  violate  section  1  of  this  act,  any  or  all 
of  the  privileges  of  such  high  school  or  to  expel  such  student 
for  failure  or  refusal  to  comply  with  the  requirements  of  this 
act.  (Laws  1907,  ch.  320,  sec.  2.) 

ARTICLE  X.— High-school  Extension  (Junior  College). 

§524.  Course  of  study. 

525.   Inspection    and    approval;    privileges 
of  graduates. 


§522.  Authority     to     provide     extension    of 

high-school  course. 
523.   Election. 


§  522.  Authority  to  Provide  Extension  of  High-school 
Course.  The  board  of  education  of  any  city  of  the  first  or 
second  class  and  the  board  of  trustees  of  any  county  high 
school  may  provide  for  an  extension  of  the  high-school  course 
of  study  by  establishing  for  high-school  graduates  a  two-year 
course  in  advance  of  the  course  prescribed  for  accredited  high 
schools  by  the  State  Board  of  Education :  Provided,  That  at  a 
general  election  or  at  a  special  election  called  for  the  purpose, 
in  the  manner  provided  by  law,  a  majority  of  the  electors  voting 
on  the  proposition  shall  favor  such  an  extension  of  the  high- 
school  course  of  study.  For  maintenance  of  such  extension, 


178  HIGH   SCHOOL  EXTENSION.  [CH.    15 

either  wholly  or  in  part,  the  board  of  education  in  any  city  of 
the  first  or  second  class  may  levy  a  tax  not  exceeding  two  mills 
on  the  dollar  of  the  assessed  valuation  of  the  city,  and  the 
board  of  trustees  of  any  county  high  school  may  levy  a  tax  not 
exceeding  one-tenth  of  a  mill  on  the  dollar  of  the  assessed 
valuation  of  the  county,  and  such  levy  or  levies  may  be  in  addi- 
tion to  any  other  levy  or  levies  provided  by  law  for  the  sup- 
port of  schools  in  cities  of  the  first  and  second  class  or  for  the 
support  of  county  high  schools.  (Laws  1917,  ch.  283,  sec.  1.) 

§  523.  Election.  For  the  purpose  mentioned  in  section  1  of 
this  act,  the  mayor  of  any  city  of  the  first  or  second  class  shall 
call  a  special  election  or  shall  cause  the  question  to  be  sub- 
mitted at  a  general  election  at  the  request  of  the  board  of 
education  of  such  city,  or  upon  petition  of  two-fifths  of  the 
electors  of  such  city;  and  the  county  commissioners  of  any 
county  shall  call  a  special  election  or  shall  cause  the  question  to 
be  submitted  at  a  general  election  at  the  request  of  the  board 
of  trustees  of  the  county  high  school,  or  upon  petition  of  two- 
fifths  of  the  electors  in  such  county ;  and  if  a  special  election  is 
called  the  same  shall  be  held  in  the  manner  provided  by  law 
for  holding  general  elections  so  far  as  the  same  is  applicable : 
Provided,  The  expenses  of  such  special  election  shall  be  paid 
from  the  school  funds  by  the  board  of  education  or  the  board 
of  high-school  trustees  at  whose  request  the  election  shall  have 
been  called.  (Laws  1917,  ch.  283,  sec.  2.) 

§524.  Course  of  Study.  The  State  Board  of  Education 
shall  prescribe  the  course  of  study  for  the  high-school  exten- 
sion provided  for  in  section  1  of  this  act,  which  shall  be  ap- 
proximately equivalent  to  the  course  of  study  in  the  first  and 
second  years  of  accredited  colleges ;  and  if  the  buildings,  equip- 
ment, instructors  and  instruction  shall  be  approved  by  the 
State  Board  of  Education,  any  person  who  shall  have  completed 
the  two-year  course  of  study  herein  provided  for,  and  who  shall 
have  complied  with  the  requirements  made  by  the  State  Board 
of  Education,  shall  be  entitled  to  all  privileges  granted  by  the 
State  Board  of  Education  to  persons  who  complete  a  two-year 
course  in  an  accredited  college.  (Laws  1917,  ch.  283,  sec.  3.) 

§  525.  Inspection  and  Approval;  Privileges  of  Graduates. 
The  State  Board  of  Education  shall  have  authority  to  inspect 
any  private  institution  which  shall  provide  a  two-year  course 
of  study  in  advance  of  the  course  prescribed  for  accredited 
high  schools  and,  if  the  buildings,  equipment,  instructors  and 
instruction  shall  be  approved  by  the  State  Board  of  Education, 
any  person  who  shall  have  completed  the  two-year  course 
of  study  herein  provided  for,  and  who  shall  have  complied  with 
the  requirements  made  by  the  State  Board  of  Education,  shall 
be  entitled  to  all  privileges  granted  by  the  State  Board  of  Edu- 
cation to  persons  who  complete  a  two-year  course  in  an  ac- 
credited college.  (Laws  1917,  ch.  283,  sec.  4.) 


CH.  16] 


INDUSTRIAL   EDUCATION. 


179 


CHAPTER  XVI.— Industrial  Education. 


;533.  Appropriation    for    vocational    educa- 
tion. 

534.  Warrants. 

535.  Tax  for  industrial  training. 

536.  Boards  may  provide  school  rooms. 

537.  State    board    prescribes    course    and 

standards. 

538.  Report  to  state  superintendent. 

539.  State  aid. 


§526.  Acceptance    of    provisions    of    act    of 
Congress. 

527.  Administration    by    State     Board    of 

Education. 

528.  Establishment    and    maintenance    of 

vocational  schools. 

529.  State  and  federal  aid. 

530.  Apportionment  of  funds. 

531.  State  treasurer  custodian. 

532.  Report  of  state  treasurer. 

§  526.    Acceptance  of  Provisions  of  Act  of  Congress.    The 

state  of  Kansas  does  hereby  accept  the  provisions  and  benefits 
of  an  act  passed  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled  en- 
titled: "An  act  to  provide  for  the  promotion  of  vocational 
education;  to  provide  for  cooperation  with  the  states  in  the 
promotion  of  such  education  in  agriculture  and  the  trades  and 
industries;  to  provide  for  cooperation  with  the  states  in  the 
preparation  of  teachers  of  vocational  subjects;  and  to  appro- 
priate money  and  regulate  its  expenditure,"  approved  Febru- 
ary 24,  1917,  and  will  observe  and  comply  with  all  the  require- 
ments of  said  act.  (Laws  1917,  ch.  280,  sec.  1.) 

§  527.  Administration  by  State  Board  of  Education.  The 
State  Board  of  Education  is  hereby  designated  as  the  state 
board  for  the  administration  of  the  act  mentioned  in  section  1 
of  this  act,  and  is  hereby  charged  with  the  duty  and  responsi- 
bility of  cooperating  with  the  Federal  Board  for  Vocational 
Education  in  the  administration  of  said  act  and  is  given  all 
power  necessary  for  such  administration  and  .cooperation. 
(Laws  1917,  ch.  280,  sec.  2.) 

§  528.  Establishment  and  Maintenance  of  Vocational 
Schools.  The  State  Board  of  Education  is  hereby  authorized  to 
cooperate  with  local  communities  in  establishing  and  main- 
taining public  vocational  schools  and  classes  as  provided  for 
in  this  act,  to  provide  for  the  preparation  of  teachers  of  voca- 
tional subjects  and  to  issue  certificates  to  teachers  of  voca- 
tional subjects  who  shall  have  the  qualifications  specified  by 
said  board.  (Laws  1917,  ch.  280,  sec.  3.) 

§  529.  State  and  Federal  Aid.  The  State  Board  of  Educa- 
tion shall  have  authority  to  inspect,  as  a  basis  for  approval  for 
the  purposes  of  this  act,  any  public  schools  or  classes  provid- 
ing training  in  agriculture,  industrial  arts,  household  arts,  or 
commercial  subjects,  and  any  schools  or  classes  providing  for 
the  preparation  of  teachers  and  supervisors  of  such  subjects ; 
and  such  schools  and  classes  as  shall  have  been  approved  by 
the  state  board  for  the  purposes  of  this  act  in  respect  to  site, 
plant,  equipment,  qualifications  of  teachers,  admission  of  pu- 
pils, courses  of  study,  and  methods  of  instruction  shall  be 


180  INDUSTRIAL  EDUCATION.  [CH.  16 

entitled  to  an  allotment  of  Federal  funds;  and  any  school  or 
class  which  shall  receive  the  benefit  of  Federal  money  allotted 
to  the  state  of  Kansas  by  the  Federal  Board  for  Vocational 
Education  shall  also  be  entitled  to  an  equal  amount  which  shall 
be  provided  by  appropriation  by  the  legislature  of  the  state  of 
Kansas.  (Laws  1917,  ch.  280,  sec.  4.) 

§  530.  Apportionment  of  Funds.  The  State  Board  of  Edu- 
cation shall  apportion  any  and  all  moneys  which  may  be 
allotted  to  the  state  of  Kansas  by  the  Federal  Board  for  Voca- 
tional Education,  and  any  and  all  moneys  which  may  be  appro- 
priated for  the  purposes  of  this  act  by  the  legislature  of  the 
state  of  Kansas,  and  said  board  shall  make  all  necessary  rules 
and  regulations  pertaining  thereto.  (Laws  1917,  ch.  280, 
sec.  5.) 

§  531.  State  Treasurer  Custodian.  The  state  treasurer  is 
hereby  designated  as  the  custodian  for  vocational  education 
as  provided  in  this  act  and  is  charged  with  the  duty  and  re- 
sponsibility of  receiving  and  disbursing  any  moneys  paid  to 
the  state  from  appropriations  made  by  Congress  for  the  pur- 
poses of  this  act  and  any  moneys  which  may  be  appropriated 
by  the  legislature  of  the  state  of  Kansas  for  the  purposes  of 
this  act.  Said  moneys  shall  be  paid  on  warrants  drawn  by  the 
state  auditor  on  vouchers  approved  by  the  state  superintend- 
ent of  public  instruction.  (Laws  1917,  ch.  280,  sec.  6.) 

§  532.  Report  of  State  Treasurer.  The  state  treasurer  shall 
make  a  biennial  report  to  the  State  Board  of  Education  show- 
ing the  receipts  and  disbursements  of  all  moneys  received  and 
paid  by  him  under  the  provisions  of  this  act.  (Laws  1917, 
ch.  280,  sec.. 7.) 

§  533.  Appropriation  for  Vocational  Education.  For  the 
use  of  the  State  Board  of  Education  in  carrying  out  the  provi- 
sions of  chapter  280  of  the  Session  Laws  of  1917  there  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated  the  sum  of  $52,541  for  the  fiscal  year  end- 
ing June  30,  1920,  and  the  sum  of  $63,370  for  the  fiscal  year 
ending  June  30,  1921.  (Laws  1919,  ch.  53,  sec.  1.) 

§  534.  Warrants.  The  state  auditor  is  hereby  authorized 
and  directed  to  draw  his  warrants  on  the  state  treasurer  for 
the  purpose  mentioned  in  section  1  of  this  act  upon  vouchers 
approved  by  the  state  superintendent  of  public  instruction. 
(Laws  1919,  ch.  53,  sec.  2.) 

§  535.  Tax  for  Industrial  Training.  [9384]  The  board  of 
education  of  each  city  of  the  first  class  and  second  class,  and 
the  annual  school  meeting  of  any  school  district,  may,  in  addi- 
tion to  the  other  levies,  levy  a  tax  not  to  exceed  one-half  mill12* 

128.  Limited  to  one-eighth  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  586  of  this  book) . 


CH.    16]  INDUSTRIAL  EDUCATION.  181 

upon  the  dollar  of  assessed  valuation  in  cities  of  the  first  and 
second  class,  and  not  to  exceed  one  mill129  on  the  dollar  of  the 
assessed  valuation  in  all  other  cities  and  school  districts,  for 
the  equipment  and  maintenance  of  industrial-training  schools 
or  industrial-training  departments  of  the  public  schools.  The 
sum  raised  by  such  levies  shall  be  expended  for  the  purpose 
named  in  this  act  and  no  other.  (Laws  1903,  ch.  20,  sec.  1.) 

§536.  Boards  May  Provide  Schoolrooms.  [9385]  Said 
board  of  education  and  district  board,  upon  such  levy  being 
made,  may  provide  for  a  separate  school  or  a  separate  depart- 
ment in  some  existing  school,  and  may  employ  such  teachers 
as  they  think  are  competent  to  give  instruction  in  industrial 
training,  as  required  by  their  course  of  study;  and  it  shall  be 
the  duty  of  such  board  to  provide,  from  the  funds  received 
under  the  provisions  of  this  act,  the  necessary  books,  ap- 
pliances and  room  for  such  instruction,  and  it  shall  be  the  duty 
of  such  board  to  prescribe  a  course  of  study  to  meet  the  special 
needs  of  the  district  or  city,  which  course  of  study  must  be 
approved  by  the  State  Board  of  Education.  (Laws  1903,  ch. 
20,  sec.  2.) 

§  537.  State  Board  Prescribes  Course  and  Standard.  [9386] 
The  State  Board  of  Education  shall  establish  a  standard  for 
teachers  of  industrial  training,  and  shall  grant  special  cer- 
tificates to  those  who  are  fully  qualified  to  give  instruction 
therein ;  and  they  shall  prescribe  the  course  of  study  in  indus- 
trial training  to  be  used  in  the  state.  (Laws  1903,  ch.  20, 
sec.  3.) 

§538.  Report  to  State  Superintendent.  [9387]  On  the 
1st  day  of  July  in  each  year,  the  clerk  of  each  school  board  or 
district  maintaining  a  school  or  department  for  industrial 
training  as  aforesaid,  and  desiring  state  aid,  shall  make  a  re- 
port, duly  certified,  to  the  state  superintendent  of  public  in- 
struction, in  such  form  as  may  be  required,  setting  forth  the 
facts  relating  to  the  cost  of  maintaining  such  school  or  de- 
partment for  industrial  training,  the  character  of  the  work 
done,  the  number  and  names  of  the  teachers  employed  in  such 
work,  and  the  length  of  time  such  school  or  department  was 
maintained  during  the  preceding  year.  Upon  receipt  of  such 
report,  the  state  superintendent,  when  satisfied  therefrom,  and 
from  such  other  investigation  as  he  may  deem  advisable,  that 
such  school  or  department  for  industrial  training  has  been  es- 
tablished and  maintained  for  a  period  of  six  months  in  the 
year  immediately  preceding,  and  has  been  taught  by  a  special 
teacher  or  teachers  having  the  qualifications  mentioned  in  sec- 
tions 3  and  4  of  this  act,130  shall  make  a  certificate  to  that 

129.  Limited  to  one-quarter  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  586  of  this  book). 

130.  Sections  537  and  538  of  this  book. 


182  INDUSTRIAL  EDUCATION.  [CH.  16 

effect,  showing  also  the  amount  of  money  expended  by  such 
school  district  in  the  twelve  months  immediately  preceding 
the  1st  day  of  July  of  each  year  in  maintaining  such  school  or 
department  for  industrial  training,  and  submit  such  certifi- 
cate to  the  state  auditor.  (Laws  1903,  ch.  20,  sec.  4.) 

§539.  State  Aid.131  [9388]  Upon  receiving  such  certificate 
mentioned  in  section  4  of  this  act,  the  state  auditor  shall  draw 
his  warrant  upon  the  state  treasurer,  payable  to  the  treasurer 
of  the  school  district  or  board  of  education  maintaining  said 
school  department,  for  a  sum  of  money  equal  to  that  contrib- 
uted by  such  school  district  for  such  purpose,  but  not  exceed- 
ing the  sum  of  $250:  And  provided,  That  the  total  sum  of 
money  contributed  by  the  state  as  aforesaid  for  such  purposes 
shall  not  exceed  the  sum  of  $10,000  in  any  one  year.  (Laws 
1903,  ch.  20,  sec.  5.) 

131.  State  aid  is  not  available  unless  the  legislature  makes  appropria- 
tions for  this  purpose. 


CH.  17] 


INDUSTRIAL-SCHOOL   PUPILS. 


183 


CHAPTER  XVII.— Industrial-school  Pupils.132 


>40.   County  superintendent  shall  visit  in- 
dentured pupils. 
>41.   Pupils  not  properly  provided  for. 


§542.  County  superintendent  to  seek  out 
persons  willing  to  receive  inden- 
tured pupils. 


§  540.    County  Superintendent  Shall  Visit  Indentured  Pupils. 

[10115]  The  superintendents  of  public  instruction  in  the 
several  counties  of  the  state  are  hereby  designated  as  visit- 
ing agents,  to  have  local  supervision  over  indentured  pupils 
of  the  reform133  school.  It  shall  be  the  duty  of  each  visiting 
agent  to  visit  as  often  as  twice  each  year  all  pupils  of  the  re- 
form school133  who  may  have  been  identified  to  persons  re- 
siding within  his  county.  He  shall  inquire  into  the  condition 
of  such  pupils,  and  make  such  other  investigations  in  relation 
thereto  as  the  board  of  trustees  may  prescribe;  and  for  the 
purpose  aforesaid,  said  agents  may  have  private  interviews 
with  such  pupils  at  any  time,  and  shall  have  power  to  adminis- 
ter oaths.  (Laws  1881,  ch.  129,  sec.  13.) 

§  541.  Pupils  Not  Properly  Provided  for.  [10116]  When 
any  visiting  agent  is  of  the  opinion  that  an  indentured  pupil 
is  not  properly  provided  for,  and  cannot  be  so  held  to  his  fur- 
ther advantage,  he  shall  report  the  fact  to  the  board  of  trus- 
tees; and  no  pupil  shall  be  indentured  to  any  person  until 
notice  of  an  application  therefor  has  been  given  to  said  agent, 
and  his  report  in  writing,  made  after  investigation  into  the 
propriety  thereof,  is  filed  with  the  institution.  (Laws  1881, 
ch.  129,  sec.  14.) 

§  542.    Seek   Out   Persons   to   Receive   Indentured   Pupils. 

[10117]  Said  agent  shall  seek  out  suitable  persons  who  are 
willing  to  receive  pupils  from  the  reform  school133  under  arti- 
cles of  indenture,  and  give  notice  thereof  to  the  president  of 
the  board  of  trustees,  which  notice  shall  contain  the  agent's 
recommendation  of  the  applicant  as  a  proper  person  to  receive 
and  have  the  care  of  any  such  pupil.  (Laws  1881,  ch.  129, 
sec.  15.) 

132.  The  requirements  of  this  chapter  are  probably  modified  by  the 
provisions  of  chapter  475,  Laws  of  1905,  entitled  "Board  of  Control  of 
State  Charitable  Institutions." 

133.  Refers  to  Industrial  School  for  Boys  and  the  Industrial  School 
for  Girls. 


184 


JUVENILE  COURT. 


[CH.    18 


CHAPTER  XVIII.— Juvenile  Court. 


§543.  Probate  judge;   jurisdiction;    author- 
ity; fees. 

544.  Over    whom    the    juvenile    court    has 

jurisdiction. 

545.  Probation  officer;   appointed;  duties; 

truant  officer. 

546.  Who  may  make  the  complaint. 

547.  Summoning  custodian  of  child. 

548.  Custody  of  child;  continuance  of  the 

hearing. 

549.  Care  of  dependent  or  neglected  child. 

550.  The   child   as  the   ward  of   an   asso- 

ciation or  individual. 

551.  The  child  committed  to  the  care  of  a 

probation  officer. 

552.  The  court  may  revoke  the  custody. 

553.  Child  under  sixteen  not  to  be  taken 

before   courts   other   than   juvenile 
courts. 

554.  Appeals  to  district  court. 

555.  Assistance    of    city    and    county    at- 

torneys,  and  other  officials. 

556.  Discretion    of    juvenile    court    a«    to 

penalties    of    state   laws    and    city 
ordinances. 

557.  Care    and    custody    of    child    to    be 

parental. 

558.  Parents   responsible  for   delinquency 

of  children;  penalty. 

559.  Suspension     of     sentence,     release; 

bond. 


§560.   Custody    of    child    during    suspension 
of  sentence. 

561.  Forfeiture  of  bond  and  term  of  pro- 

bation. 

562.  Judgment    in    case    of    forfeiture    of 

bond. 

563.  Acts  not  repealed. 

564.  Detention  home;  juvenile  farm. 

565.  Government  of  detention  home. 

566.  Record  of  inmates  of  detention  home. 

567.  Tax    levied    for    detention    home    or 

juvenile    farm ;    salary    of    matron 
or  superintendent. 

568.  Annual   report   of   judge    of   juvenile 

court. 

569.  Jurisdiction  after  the  age  of  sixteen. 

570.  Compensation    in    counties    having    a 

population  of  over  25,000. 

571.  Jurisdiction. 

572.  Police  and  sheriff  entitled  to  witness 

fees. 

573.  Blanks. 

574.  Procedure  in  juvenile  court. 

575.  Appeal. 

576.  Parental    home    in    certain    counties. 

577.  Inmates. 

578.  Tax  for  buildings  and  support. 

579.  Managers;    advisory  board. 

580.  Supervision. 

581.  Salaries;  expenses. 


§  543.  Probate  Judge;  Jurisdiction;  Authority;  Fees.  That 
section  5099  of  General  Statutes  for  the  state  of  Kansas,  1909, 
be  amended  to  read  as  follows:  Sec.  5099.  That  there  be  and 
hereby  is  created  and  established  in  each  county  of  the  state 
a  court  to  be  known  as  the  "juvenile  court"  whose  jurisdiction 
shall  pertain  to  the  care  of  dependent,  neglected  and  delin- 
quent children.  The  probate  judge  of  each  county  shall  be 
the  judge  of  the  juvenile  court  in  his  county,  and  he  shall  be 
furnished  by  the  board  of  county  commissioners,  at  the  ex- 
pense of  the  county,  with  such  dockets,  records  and  blanks, 
upon  his  requisition,  as  may  be  necessary  in  the  conduct  of 
the  business  of  the  court.  Said  court  shall  have  jurisdiction  of 
all  cases  concerning  dependent,  neglected  and  delinquent  chil- 
dren in  their  respective  counties,  shall  be  open  at  all  times 
for  the  transaction  of  business,  and  may  make  such  disposition 
of  cases  as  is  hereinafter  provided.  They  shall  have  authority 
to  issue  subpoenas  for  witnesses,  and  compel  their  attendance 
by  attachment  as  for  contempt,  and  to  issue  all  other  process 
that  may  be  necessary  in  any  case,  the  same  as  justices  of  the 
peace  are  authorized  to  do  in  misdemeanors.  All  writs  and 
process  shall  be  served  by  the  probation  officer  of  the  court, 
or,  in  his  absence,  by  some  person  especially  deputized  for 
that  purpose  by  the  court.  The  judge  of  the  juvenile  court 
shall  charge  as  compensation  for  his  services  the  same  fees  as 
are  allowed  the  probate  judge  for  like  services:"  Provided, 


CH.    18]  JUVENILE  COURT.  185 

That  all  fees  provided  for  herein  shall  be  paid  into  the  county 
treasury  for  the  use  of  the  general  fund  of  the  county.  (Laws 
1917,  ch.  154,  sec.  1.) 

§  544.  Over  Whom  the  Juvenile  Court  Has  Jurisdiction. 
[3066]  This  act  shall  apply  only  to  children  under  the  age  of 
sixteen  years,  not  now  or  hereinafter  inmates  of  any  state  in- 
stitution or  any  industrial  school  for  boys  or  industrial  school 
for  girls  or  some  institution  incorporated  under  the  laws  of 
this  state :  Provided,  That  when  jurisdiction  has  been  acquired 
under  the  provisions  hereof  over  the  person  of  a  child,  such 
jurisdiction  may  continue  for  the  purpose  of  this  act  until  the 
child  has  attained  its  majority.  For  the  purpose  of  this  act, 
the  word  "dependent  child"  and  "neglected  child"  shall  mean 
any  child  who  for  any  reason  is  destitute  or  homeless  or 
abandoned,  or  dependent  upon  the  public  for  support,  or  has 
not  proper  parental  care  or  guardianship,  and  has  idle  and 
immoral  habits,  or  who  habitually  begs  or  receives  alms,  or 
who  is  found  living  in  any  house  of  ill  fame  or  with  any 
vicious  or  disreputable  persons;  or  whose  home,  by  reason  of 
neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guard- 
ian or  other  person  in  whose  care  it  may  be,  is  an  unfit  place 
for  such  a  child ;  or  any  child  under  the  age  of  ten  years  who 
is  found  begging,  peddling,  or  selling  any  article,  or  singing 
or  playing  any  musical  instrument  upon  the  street,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The 
words  "delinquent  child"  shall  include  any  child  under  the 
age  of  sixteen  years  who  violates  any  law  of  this  state  or  any 
city,  town  or  village  ordinance ;  or  who  is  incorrigible ;  or  who 
knowingly  associates  with  thieves,  vicious  or  immoral  per- 
sons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  know- 
ingly patronizes  any  pool-rooms  or  place  where  gambling  de- 
vices are  operated.  The  word  "child"  or  "children"  may  mean 
one  or  more  children,  and  the  word  "parent"  or  "parents"  may 
be  held  to  mean  one  or  both  parents,  when  consistent  with  the 
intent  of  this  act.  The  word  "association"  shall  include  any 
corporation  which  includes  in  its  purpose  the  care  or  discipline 
of  children  coming  within  the  meaning  of  this  act.  (Laws 
1905,  ch.  190,  sec.  2.) 

§  545.  Probation  Officer;  Appointed;  Duties;  Truant  Officer. 
[3067]  The  juvenile  court  having  jurisdiction  under  this  act 
shall  appoint  or  designate  one  or  more  discreet  persons  of 
good  character  to  serve  as  probation  officers  during  the  pleas- 
ure of  the  court ;  said  probation  officer  shall  receive  as  compen- 
sation from  the  public  treasury  a  sum  to  be  fixed  by  the  court, 
said  sum  not  to  exceed  two  dollars  per  day  for  services  actually 
performed:  Provided,  That  in  cities  having  a  population  of 
15,000  or  over,  the  compensation  shall  not  be  more  than  three 
dollars  per  day.  Whenever  there  is  to  be  a  child  brought  before 
any  court  having  a  probation  officer,  it  shall  be  the  duty  of  the 


186  JUVENILE   COURT.  [CH.    18 

judge  of  the  court,  if  practicable,  to  notify  the  probation  officer 
in  advance  when  any  child  is  to  be  brought  before  the  court. 
It  shall  be  the  duty  of  said  probation  officer  to  make  such  inves- 
tigation as  may  be  required  by  the  court ;  to  be  present  in  court 
in  order  to  represent  the  interest  of  the  child  when  the  case  is 
heard ;  to  furnish  to  the  court  such  information  and  assistance 
as  the  judge  may  require,  and  to  take  such  charge  of  any  child 
before  and  after  trial  as  may  be  directed  by  the  court ;  and  the 
court  shall  have  power  to  make  and  enforce  rules  specifying 
the  duties  of  the  probation  officer  in  any  and  all  cases.  The 
judge  of  said  juvenile  court  may,  at  his  discretion,  designate 
as  probation  officer  the  regular  truant  officer  of  the  county,  who 
shall  perform  the  duties  of  this  office  in  addition  to  the  duties 
of  the  truant  officer,  as  provided  by  law,  and  he  shall  receive 
no  further  remuneration  than  is  provided  by  laws  already  ex- 
isting. Any  probation  officer  may,  without  warrant  or  other 
process,  at  any  time  until  the  final  disposition  of  the  case  of 
any  child  over  whom  said  juvenile  court  shall  have  acquired 
jurisdiction,  take  the  child  placed  in  his  care  by  said  court  and 
bring  the  child  before  the  court,  or  the  court  may  issue  a  war- 
rant for  the  arrest  of  any  child,  and  the  court  may  thereupon 
proceed  to  sentence  or  make  such  other  disposition  of  the  case 
as  he  may  deem  best.  (Laws  1905,  ch.  190,  sec.  3.) 

§  546.  Who  May  Make  the  Complaint.  [3068]  Any  repu- 
table person,  being  a  resident  in  the  county,  having  knowl- 
edge of  a  child  in  his  county  who  appears  to  be  either  depend- 
ent, neglected  or  delinquent  within  the  meaning  of  this  act, 
may  file  with  the  court  having  jurisdiction  in  the  matter  a 
petition,  in  writing,  setting  forth  the  facts,  verified  by  affidavit. 
It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief.  If  it  shall  be  determined  by  the  court  that  there  is  no 
ground  for  complaint  no  permanent  record  shall  be  made  by 
the  court.  (Laws  1905,  ch.  190,  sec.  4.) 

§  547.  Summoning  Custodian  of  Child.  [3069]  Upon  the 
filing  of  the  petition,  unless  the  parties  shall  voluntarily  ap- 
pear or  be  in  court,  a  summons  shall  issue  in  the  name  of  the 
state  of  Kansas  requiring  the  child  and  the  person  having 
custody  and  control  of  the  child,  or  with  whom  the  child  may 
be,  to  appear  with  the  child  at  the  place  and  at  the  time  set 
in  the  summons,  which  shall  not  be  later  than  twenty-four 
hours  after  service,  unless  otherwise  directed  by  the  court. 
The  parent  of  the  child,  if  living,  and  their  residence  known, 
or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  nor  guardian,  or  if  his  or  her  residence  is  unknown, 
then  some  relative,  if  there  be  one,  and  his  or  her  residence  is 
known,  shall  be  notified  of  the  proceedings;  and  in  any  case 
the  judge  may  appoint  some  suitable  person  or  association  to 
act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein 
provided,  shall  fail  without  reasonable  cause  to  appear  and 


CM.    18]  JUVENILE  COURT.  187 

abide  the  order  of  the  court,  or  to  bring  the  child,  such  person 
may  be  proceeded  against  as  in  case  of  contempt  of  court.  In 
case  the  summons  cannot  be  served,  or  the  party  served  shall 
fail  to  obey  the  same,  or  in  case  when  it  shall  be  made  to  ap- 
pear to  the  court  that  such  summons  will  be  ineffectual,  a  war- 
rant may  issue  on  order  of  the  court,  either  against  the  parent 
or  guardian,  or  the  person  having  custody  of  the  child,  or 
against  the  child  itself.  On  the  return  of  the  summons  or 
other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall 
proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner 
and  enter  final  judgment  therein;  and  the  costs  of  all  proceed- 
ings under  this  act  may,  in  the  discretion  of  the  court,  be  ad- 
judged against  the  person  or  persons  so  summoned,  appear- 
ing, or  arrested,  as  the  case  may  be,  and  collected  as  provided 
by  law  in  civil  cases.  (Laws  1905,  ch.  190,  sec.  5.) 

§548.  Custody  of  the  Child;  Continuance  of  the  Hearing. 
[3070]  In  any  case  the  court  may  continue  the  hearing  from 
time  to  time,  and  may  in  the  meantime  commit  the  child  to  the 
care  and  control  of  the  probation  officer,  or  may  allow  such 
child  to  remain  in  its  own  home,  or  in  the  custody  of  some 
suitable  person,  subject  to  the  supervision  and  control  of  the 
probation  officer  and  to  such  other  conditions  as  may  be  im- 
posed by  the  court ;  or  the  court  may  authorize  the  child  to  be 
placed  in  a  suitable  family  home,  subject  to  the  friendly  super- 
vision of  the  probation  officer  and  the  further  order  of  the 
court.  Pending  a  hearing,  no  child  shall  be  committed  to  a  jail 
or  police  station,  except,  in  case  of  felony,  the  judge,  if  he 
deems  it  advisable,  may  commit  such  child  to  jail  until  the  trial 
and  final  disposition  of  the  case ;  but  when  other  provision  shall 
not  have  been  made  for  its  care  and  custody,  the  court  shall 
direct  it  to  be  kept  in  some  suitable  place  provided  by  the 
county  outside  of  a  jail  or  police  station.  (Laws  1905,  ch.  190, 
sec.  6.) 

§549.  Care  of  Dependent  or  Neglected  Child.  [3071]  When 
any  child  under  the  age  0f  sixteen  years  shall  be  found  to  be 
dependent  or  neglected,  within  the  meaning  of  this  act,  the 
court  may  make  an  order  committing  the  child  to  the  care  of 
some  suitable  institution,  or  the  care  of  some  reputable  citizen 
of  good  moral  character,  or  to  the  care  of  some  training  school 
or  an  industrial  school,  as  provided  by  law,  or  to  the  care  of 
some  association  willing  to  receive  it,  embracing  in  its  object 
the  purpose  of  caring  for  or  obtaining  homes  for  neglected  or 
dependent  children.  The  court  may,  when  the  health  or  condi- 
tion of  the  child  shall  require  it,  cause  the  child  to  be  placed  in 
a  public  hospital  or  institution  for  treatment  or  special  care, 
or  in  a  private  hospital  or  institution  which  will  receive  it  for 
like  purpose  without  charge.  (Laws  1905,  ch.  190,  sec.  7.) 

§  550.  The  Child  as  the  Ward  of  an  Association  or  Indi- 
vidual. [3072]  In  any  case  where  the  court  shall  award  a 


188  JUVENILE  COURT.  [CH.    18 

child  to  the  care  of  any  association  or  individual,  in  accord- 
ance with  the  provisions  of  this  act,  the  child  shall,  unless 
otherwise  ordered,  become  a  ward,  and  be  subject  to  the  guard- 
ianship of  the  association  or  individual  to  whose  care  it  is 
committed.  Such  association  or  individual  shall  have  authority 
to  place  such  child  in  a  family  home,  with  or  without  indenture, 
and  may  be  made  party  to  any  proceedings  for  the  legal  adop- 
tion of  the  child,  and  may  by  its  or  his  attorney  or  agent  ap- 
pear in  any  court  where  such  proceedings  are  pending  and  as- 
sent to  such  adoption;  and  such  assent  shall  be  sufficient  to 
authorize  the  court  to  enter  proper  order  or  decree  of  adoption. 
Such  guardianship  shall  not  include  the  guardianship  of  any 
estate  of  the  child.  (Laws  1905,  ch.  190,  sec.  8.) 

§551.  The  Child  Committed  to  the  Care  of  a  Probation 
Officer.  [3073]  In  case  of  a  delinquent  child,  the  court  may 
continue  the  hearing  from  time  to  time,  and  may  in  the  mean- 
time commit  the  child  to  the  care  and  control  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  such  child 
to  remain  in  its  own  home,  subject  to  the  visitation  and  control 
of  the  probation  officer;  such  child  to  report  to  the  court  as 
often  as  may  be  required,  and  shall  be  subject  to  be  returned  to 
the  court  for  further  proceedings  whenever  such  action  shall 
appear  to  the  court  to  be  necessary ;  or  the  court  may  authorize 
the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the 
friendly  supervision  of  the  probation  officer  and  the  further 
order  of  the  court ;  or  it  may  authorize  the  child  to  be  boarded 
out  in  some  suitable  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  payment  of  the  board 
of  such  child  until  suitable  provision  may  be  made  for  the 
child  in  a  home  without  such  payment ;  or  the  court  may  com- 
mit the  child  to  a  suitable  institution  for  the  care  of  delinquent 
children:  Provided,  That  no  child  under  the  age  of  sixteen 
years  shall  be  committed  to  the  State  Reformatory,  and  in  no 
case  shall  a  child  be  committed  beyond  his  or  her  minority.  A 
child  committed  to  such  institution  shall  be  subject  to  the  con- 
trol of  the  board  of  managers  thereof,  and  the  board  shall  have 
power  to  parole  such  child  on  such  conditions  as  it  may  pre- 
scribe; and  the  court  shall,  on  the  recommendation  of  the 
board,  have  power  to  discharge  such  child  from  custody  when- 
ever, in  the  judgment  of  the  court,  his  or  her  reformation 
is  complete;  or  the  court  may  commit  the  child  to  the  care  and 
custody  of  some  association  that  will  receive  it,  embracing  in 
its  objects  the  care  of  neglected  and  dependent  children,  if 
such  institution  be  duly  credited  as  hereinafter  provided,  or 
to  the  care  and  custody  of  some  discreet  person.  (Laws  1905, 
ch.  190,  sec.  9.) 

§  552.  The  Court  May  Revoke  the  Custody.  [3074]  In  any 
case  where  a  dependent,  neglected  or  delinquent  child  has  been 
committed  to  the  care  and  custody  of  any  association  or  in- 


CH.    18]  JUVENILE   COURT.  189 

dividual,  the  court  may  cause  the  child  to  be  brought  before 
it,  together  with  the  person  in  whose  custody  he  may  be,  and 
if  it  shall  appear  that  a  continuance  of  such  custody  is  not  for 
the  best  interests  of  such  child,  the  court  may  revoke  and  set 
aside  the  order  giving  such  custody,  and  make  such  further 
orders  in  the  premises  as  to  the  future  disposition  of  the  child 
as  shall  seem  best.  (Laws  1905,  ch.  190,  sec.  10.) 

§  553.  Child  under  Sixteen  Not  to  be  Taken  Before  Courts 
Other  than  Juvenile  Courts.  [3075]  When  a  child  under  the 
age  of  sixteen  years  is  arrested,  with  or  without  a  warrant, 
such  child  shall,  instead  of  being  taken  before  a  justice  of 
the  peace  or  police  magistrate  or  judge  or  any  other  court 
now  or  hereafter  having  jurisdiction  of  the  offense  charged, 
be  taken  before  such  juvenile  court;  or  if  the  child  shall  have 
been  taken  before  a  justice  of  the  peace  or  police  magistrate  or 
judge  of  such  court,  it  shall  be  the  duty  of  such  justice  of  the 
peace  or  police  magistrate  or  judge  of  such  court  to  transfer 
the  case  to  such  juvenile  court,  and  of  the  officer  having  the 
child  in  charge  to  take  such  child  before  said  court;  and  in 
any  such  case  the  said  court  may  proceed  to  hear  the  defense 
of  the  case  in  the  same  manner  as  if  the  child  had  been  brought 
before  the  court  upon  the  petition  as  herein  provided.  In  any 
case  the  court  shall  require  notice  to  be  given  and  investiga- 
tion to  be  made  as  in  the  several  cases  under  this  act  provided 
for,  and  may  adjourn  the  hearing  from  time  to  time  for  the 
purpose.  (Laws  1905,  ch.  190,  sec.  11.) 

§  554.  Appeal  to  District  Court.  [3076]  An  appeal  shall  be 
allowed  to  the  district  court  by  any  child  from  the  final  order 
of  commitment  made  by  the  juvenile  court,  and  may  be  de- 
manded on  the  part  of  the  child  by  its  parent,  guardian,  or 
custodian,  or  by  any  relation  of  such  child  within  the  third 
degree  of  kinship.  Such  appeal  shall  be  taken  within  ten  days 
after  the  making  of  the  order  complained  of  by  written  notice 
of  appeal  filed  with  the  judge  of  the  juvenile  court;  whereupon 
it  shall  be  the  duty  of  the  judge  of  said  court,  without  unneces- 
sary delay,  to  transmit  all  papers,  together  with  a  transcript  of 
his  records  of  the  case,  to  the  clerk  of  the  district  court  of  his 
county,  by  whom  the  case  shall  be  docketed  in  the  order  of  its 
reception.  Such  appeal  shall  not  suspend  or  vacate  the  order 
appealed  from,  but  the  same  shall  continue  in  force  in  all 
respects  the  same  as  if  no  appeal  had  been  taken  until  final 
judgment  has  been  rendered  in  the  district  court:  Provided, 
however,  That  the  judge  of  the  district  court  may,  pending  a 
hearing  on  appeal,  make  such  modifications  of  the  order  of  the 
juvenile  court  and  upon  such  conditions  as  to  him  may  seem 
proper.  Upon  the  final  hearing  on  appeal  the  case  shall  be 
heard  and  disposed  of  in  the  spirit  of  this  act  and  in  the  exer- 
cise of  all  the  powers  and  discretion  herein  given  to  the  juve- 
nile court.  In  all  cases  of  felony  the  judge  of  the  juvenile 


190  JUVENILE  COURT.  [CH.    18 

court  may  remand  the  person  apprehended  to  the  district  court 
or  county  court  for  trial.  (Laws  1905,  ch.  190,  sec.  12.) 

§  555.  Assistance  of  City  and  County  Attorneys,  and  Other 
Officials.  [3077]  It  shall  be  the  duty  of  all  county  attorneys 
within  their  respective  counties,  and  city  attorneys  within 
their  respective  cities,  to  give  to  the  probation  officers  such 
aid  in  the  performance  of  their  duties  as  may  be  consistent 
with  the  duties  of  the  office  of  such  attorneys.  It  shall  be  the 
duties  of  the  police  officers  and  constables  making  arrests  of 
children  under  sixteen  years  of  age  in  the  counties  herein 
mentioned  to  at  once  give  information  of  that  fact  to  the 
probation  officer  or  to  the  judge  of  the  juvenile  court  herein 
provided,  and  also  to  furnish  such  probation  officer  or  judge 
with  all  the  facts  in  his  possession  pertaining  to  said  child,  its 
parents,  guardian,  or  other  person  likely  to  be  interested  in 
such  child,  and  also  the  nature  of  the  charge  upon  which  such 
charge  has  been  made.  Any  probation  officer  may,  without 
warrant  or  other  process,  at  any  time  until  final  disposition  of 
the  case  of  any  child  over  whom  said  juvenile  court  shall  have 
acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said 
court  and  bring  such  child  before  the  court,  or  the  court  may 
issue  a  warrant  for  the  arrest  of  any  such  child ;  and  the  court 
may  thereupon  proceed  to  sentence  or  make  other  disposition 
of  the  case.  (Laws  1905,  ch.  190,  sec.  13.) 

§  556.  Discretion  of  Juvenile  Court  as  to  Penalties  of  State 
Laws  and  City  Ordinances.  [3078]  All  punishments  and  penal- 
ties imposed  by  law  upon  persons  for  the  commission  of  of- 
fenses against  the  laws  of  the  state,  or  imposed  by  city  ordi- 
nances for  the  violation  of  such  ordinances,  in  the  case  of 
delinquent  children  under  the  age  of  sixteen  years,  shall  rest 
in  the  discretion  of  the  judge  of  the  juvenile  court,  and  execu- 
tion of  any  sentence  may  be  suspended  or  remitted  by  said 
court.  (Laws  1905,  ch.  190,  sec.  14.) 

§  557.  Care  and  Custody  of  Child  to  be  Parental.  [3079] 
This  act  shall  be  liberally  construed,  to  the  end  that  its  pur- 
poses may  be  carried  out,  to  wit,  that  the  care,  custody  and 
discipline  of  a  child  shall  approximate,  as  nearly  as  may  be, 
proper  parental  care ;  and  in  all  cases  wbere  the  same  can  be 
properly  done  that  a  child  may  be  placed  in  an  approved  family 
home,  by  legal  adoption  or  otherwise.  And  in  no  case  shall 
any  proceedings,  order  or  judgment  of  the  juvenile  court,  in 
cases  coming  within  the  purview  of  this  act,  be  deemed  or  held 
to  import  a  criminal  act  on  the  part  of  any  child ;  but  all  pro- 
ceedings, orders  and  judgments  shall  be  deemed  to  have  been 
taken  and  done  in  the  exercise  of  the  parental  power  of  the 
state.  (Laws  1905,  ch.  190,  sec.  15.) 

§558.  Parents  Responsible  for  Delinquency  of  Children; 
Penalty.  [3080]  In  all  cases  where  any  child  shall  be  a  de- 
linquent, dependent  or  neglected  child,  as  defined  by  the  stat- 


CH.    18]  JUVENILE   COURT.  191 

utes  of  this  state,  the  parent  or  parents  or  other  persons  re- 
sponsible for  or  by  any  act  causing,  encouraging  or  contribut- 
ing to  such  delinquency,  dependency  or  neglect  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  one  thousand  dollars,  or 
imprisoned  in  the  county  jail  for  a  period  not  to  exceed  one 
year,  or  by  both  such  fine  and  imprisonment.  The  juvenile 
courts  shall  have  jurisdiction  of  all  cases  coming  within  the 
provisions  of  this  act.  (Laws  1907,  ch.  177,  sec.  1.) 

§559.  Suspension  of  Sentence;  Release;  Bond.  [3081]  The 
court  may  suspend  any  sentence  hereunder  or  release  any 
person  sentenced  under  this  act  from  custody  upon  condition 
that  such  person  shall  furnish  a  good  and  sufficient  bond  or 
undertaking  to  the  people  of  the  state  of  Kansas  in  such  penal 
sum,  not  exceeding  two  thousand  dollars,  as  the  court  shall 
determine,  conditioned  for  the  payment  of  such  amount  as  the 
court  may  order,  not  exceeding  twenty-five  dollars  per  month 
for  each  child,  for  the  support,  care  and  maintenance  of  such 
child  while  under  the  guardianship,  or  in  the  custody  of  any 
individual  or  any  public,  private  or  state  home,  institution,  as- 
sociation or  orphanage  to  which  the  child  may  have  been  com- 
mitted or  entrusted  under  the  provisions  of  the  laws  of  this 
state  concerning  dependent  and  neglected  children.  (Laws 
1907,  ch.  177,  sec.  2.) 

§  560.  Custody  of  Child  During  Suspension  of  Sentence. 
[3082]  The  court  may  also  suspend  any  sentence  imposed 
under  this  act,  and  may  permit  any  dependent  child  to  remain 
in  the  custody  of  any  such  person  found  guilty  upon  conditions 
to  be  prescribed  or  imposed  by  the  court  as  seem  most  calcu- 
lated to  remove  the  cause  of  such  dependence  or  neglect,  and 
while  such  conditions  are  accepted  and  complied  with  by  any 
such  person  such  sentence  may  remain  suspended  and  such 
person  shall  be  considered  on  probation  in  said  court;  in  case 
a  bond  is  given  as  provided  herein,  the  conditions  prescribed 
by  the  court  may  be  made  a  part  of  the  terms  and  conditions 
of  such  bond.  (Laws  1907,  ch.  177,  sec.  3.) 

§  561.  Forfeiture  of  Bond  and  Term  of  Probation.  [3083] 
Upon  the  failure  of  any  such  person  to  comply  with  the  terms 
and  conditions  of  such  bond  or  of  the  conditions  imposed  by 
the  court,  such  bond  or  the  term  of  probation  may  be  declared 
forfeited  and  terminated  by  the  court,  and  the  original  sen- 
tence executed  as  though  it  had  never  been  suspended,  and  the 
term  of  any  jail  sentence  imposed  in  any  such  case  shall  com- 
mence from  the  date  of  the  incarceration  of  any  such  person 
after  the  forfeiture  of  such  bond  or  term  of  probation.  There 
shall  be  deducted  from  any  such  period  of  incarceration  any 
part  of  such  sentence  which  may  have  already  been  served. 
(Laws  1907,  ch.  177,  sec.  4.) 


192  JUVENILE  COURT.  [CH.    18 

§  563.  Judgment  in  Case  of  Forfeiture  of  Bond.  [3084]  It 
shall  not  be  necessary  to  bring  a  separate  suit  to  recover  the 
penalty  of  any  such  bond  so  forfeited,  but  the  court  may  cause 
a  citation  to  issue  to  the  surety  or  sureties  thereon,  requiring 
that  he  or  they  appear  at  a  time  named  therein  by  the  court, 
which  time  shall  not  be  less  than  ten  nor  more  than  twenty 
days  from  the  issuance  thereof,  and  show  cause,  if  any  there 
be,  why  judgment  should  not  be  entered  for  the  penalty  of 
such  bond  and  execution  issued  for  the  amount  thereof 
against  the  property  of  the  surety  or  sureties  thereon,  as  in 
civil  cases,  and  upon  failure  to  appear  or  failure  to  show  any 
such  sufficient  cause,  the  court  shall  enter  such  judgment  in 
behalf  of  the  people  of  the  state  of  Kansas  against  such  surety 
or  sureties,  or  in  case  of  default  or  refusal  to  pay  the  said 
bond,  action  may  be  taken  in  any  court  of  competent  jurisdic- 
tion in  behalf  of  the  people  of  the  state  of  Kansas  to  compel 
the  payment  of  said  bonds.  Any  moneys  collected  or  paid  upon 
any  such  execution  or  in  any  case  upon  said  bond  shall  be 
turned  over  to  the  county  treasurer  of  the  county  in  which 
such  bond  is  given,  to'  be  applied  to  the  care  and  maintenance 
of  the  child  or  children  for  whose  dependency  such  conviction 
was  had,  in  such  manner  and  upon  such  terms  as  the  juvenile 
court  may  direct :  Provided,  That  if  it  shall  not  be  necessary  in 
the  opinion  of  the  court  to  use  such  fund  or  any  part  thereof 
for  the  support  and  maintenance  of  such  child,  the  same  shall 
be  paid  into  the  county  treasury  and  become  a  part  of  the 
funds  of  such  county.  (Laws  1907,  ch.  177,  sec.  5.) 

§  563.  Acts  Not  Repealed.  [3085]  Nothing  in  this  act  shall 
be  construed  to  repeal  any  acts  providing  for  the  support 
by  parents  of  their  minor  children  or  any  part  of  the  acts  con- 
cerning delinquent  children  or  persons  contributing  thereto; 
and  nothing  in  said  acts  shall  prevent  proceedings  under  this 
act  in  any  proper  case.  (Laws  1907,  ch.  177,  sec.  6.) 

§564.  Detention  Home;  Juvenile  Farm.  [3086]  That  the 
county  commissioners  of  every  county  of  the  state  having  a 
population  of  more  than  twenty  thousand  may  provide  a  de- 
tention home  or  a  juvenile  farm  for  the  purpose  of  caring  for 
homeless  children  under  sixteen  years  of  age  in  the  custody  of 
the  judge  of  the  juvenile  court:  Provided,  however,  That  a 
juvenile  farm  may  be  established  only  in  counties  having  a 
city  whose  population  is  twenty-five  thousand  or  over.  Until 
a  building  is  erected  for  the  purpose  of  a  detention  home,  or 
until  a  juvenile  farm  with  suitable  and  convenient  buildings 
has  been  provided,  the  commissioners  may  lease  or  rent  a  suit- 
able and  convenient  building  or  a  part  thereof  for  a  term  not 
to  exceed  five  years  for  any  one  period,  which  shall  be  used  as 
a  detention  home.  (Laws  1907,  ch.  177,  sec.  7.) 

§  565.  Government  of  Detention  Home.  [3087]  That  the 
detention  home  shall  be  in  charge  of  a  matron  or  of  a  man  and 


CH.    18]  JUVENILE   COURT.  193 

his  wife,  who  shall  be  under  the  supervision  of  the  judge  of 
the  juvenile  court.  The  inmates  of  the  detention  home  shall 
be  controlled  as  far  as  possible  through  parental  care.  The 
children  shall  be  placed  in  the  public  schools  where  possible, 
or,  if  it  be  so  determined,  the  commissioners  may  provide  for 
separate  instruction  within  the  home.  The  detention  home  is 
to  supplement  the  work  of  the  juvenile  court  and  to  be  used  in 
lieu  of  any  jail  or  prison,  but  it  shall  be  the  policy  of  the  judge 
of  the  juvenile  court,  probation  officer  and  the  matron  or 
superintendent  of  the  detention  home  to  make  the  said  house 
of  detention  a  temporary  home,  and  as  soon  as  possible  to  pro- 
vide for  the  return  of  the  inmates  of  the  home  to  their  natural 
parents  or  to  parents  by  adoption.  (Laws  1907,  ch.  177,  sec.  8.) 
§  566.  Record  of  Inmates  of  Detention  Home.  [3088]  It 
shall  be  the  duty  of  the  matron  or  superintendent  of  the  deten- 
tion home  to  keep  a  complete  record  of  all  inmates  of  the  home, 
including  age,  sex,  time  of  admission,  and  time  of  discharge, 
conduct  and  character,  state  of  health  at  time  of  admission  and 
dismissal,  and  shall  make  a  monthly  report  to  the  judge  of  the 
juvenile  court  on  a  blank  provided  for  the  same.  (Laws  1907, 
ch.  177,  sec.  9.) 

§  567.  Tax  Levied  for  Detention  Home  or  Juvenile  Farm; 
Salary  of  Matron  or  Superintendent.  [3089]  For  the  support 
and  maintenance  of  the  detention  home  or  juvenile  farm,  the 
county  commissioners  shall  make  an  estimate  of  the  cost  and 
levy  a  tax,  as  in  the  case  of  providing  for  other  expenses  of 
the  county,  and  all  expenses  of  the  said  detention  home  or 
juvenile  farm  shall  be  accorded  as  a  part  of  the  expenses  of 
the  said  juvenile  court  of  the  said  county.  The  salary  of  the 
matron  or  superintendent  shall  be  fixed  by  the  county  commis- 
sioners, and  warrants  drawn  for  the  payment  of  said  salary 
and  all  other  bills  regularly  allowed  by  the  said  commissioners 
on  account  of  said  expenses  for  the  maintenance  of  said  deten- 
tion home  or  juvenile  farm.  (Laws  1907,  ch.  177,  sec.  10.) 

§  568.  Annual  Report  of  Judges  of  Juvenile  Court.  [3090] 
That  the  judge  of  the  juvenile  court  shall  make  an  annual 
report  on  the  1st  day  of  July  to  the  governor  of  the  state, 
which  shall  be  complete  history  of  the  proceedings  of  the  court 
for  the  preceding  year;  that  the  said  report  shall  contain  sta- 
tistics of  the  number  of  cases,  the  nature  of  the  cases,  and 
the  disposition  of  the  same.  It  shall  also  contain  a  financial 
statement  of  the  court,  including  all  expenses,  expenditures 
made,  and  fines  collected.  (Laws  1907,  ch.  177,  sec.  11.) 

§569.  Jurisdiction  After  the  Age  of  Sixteen.  [3091]  When 
any  offender  before  the  age  of  sixteen  has  been  brought  before 
the  judge  of  the  juvenile  court,  the  jurisdiction  of  said  court 
over  said  offender  shall  not  expire  on  account  of  the  child's 
arriving  at  the  age  of  sixteen,  but  said  offender  shall  continue 

7 — School  Laws — 2728 


194  JUVENILE   COURT.  [CH.    18 

in  the  charge  of  said  court  until  he  is  finally  discharged  by  the 
same.  (Laws  1907,  ch.  177,  sec.  12.) 

§  570.  Compensation  in  Counties  Having  a  Population  of 
Over  25,000.  [3092]  In  counties  having  twenty-five  thousand 
people  or  over,  the  probation  officer  who  is  appointed  for  said 
county  shall  receive  compensation  not  to  exceed  three  dollars  a 
day  for  time  of  actual  service.  (Laws  1907,  ch.  177,  sec.  13.) 

§  571.  Jurisdiction.  [3093]  The  juvenile  court  shall  have 
jurisdiction  over  all  dependent  children  under  sixteen  years 
of  age.  All  applications  for  the  admission  of  children  to  the 
soldiers'  orphans'  home  shall  be  made  to  the  juvenile  court 
of  the  county  of  which  any  child  is  a  resident.  (Laws  1907, 
ch.  177,  sec.  14.) 

§  572.  Police  and  Sheriff  Entitled  to  Witness  Fees.  [3094] 
When  the  police  of  any  city  or  the  sheriff  of  any  county  in 
the  state  of  Kansas  shall  appear  before  the  judge  of  the  ju- 
venile court  to  make  complaint  of,  to  report  on  or  to  testify 
on  account  of  dependent,  defective  or  delinquent  children,  they 
shall  receive  ordinary  witness  fees  for  such  services.  (Laws 
1907,  ch.  177,  sec.  15.) 

§  573.  Blanks.  [3095]  Blanks  shall  be  used  by  the  juvenile 
court  in  the  several  counties  in  Kansas  which  shall  be  fur- 
nished by  the  state  board  of  control.  (Laws  1907,  ch.  177, 
sec.  16.) 

§  574.  Procedure  in  Juvenile  Court.  [3096]  The  procedure 
in  the  juvenile  court  for  the  trial  of  any  person  charged  with 
causing,  encouraging  or  contributing  to  the  delinquency,  de- 
pendency or  neglect  of  any  child  shall  be  substantially  the 
same  as  the  procedure  provided  for  the  trial  of  misdemeanors 
before  justices  of  the  peace.  (Laws  1911,  ch.  236,  sec.  1.) 

§  575.  Appeal.  [3097]  Any  person  convicted  in  the  juvenile 
court  of  causing,  encouraging,  or  contributing  to  the  de- 
linquency, dependency  or  neglect  of  any  child  may  appeal  from 
such  judgment  in  substantially  the  same  manner  as  is  now 
provided  for  appeals  from  the  judgment  of  justices  of  the 
peace  in  misdemeanor  cases.  (Laws  1911,  ch.  236,  sec.  2.) 

§  576.  Parental  Home  in  Certain  Counties.  That  section 
3098  of  the  General  Statutes  of  Kansas  of  1915  be  and  the  same 
is  hereby  amended  to  read  as  follows:  Sec.  3098.  In  every 
county  having  a  city  whose  population  is  not  less  than  53,000, 
the  board  of  county  commissioners  may  by  unanimous  vote, 
and  shall  upon  petition  of  thirty  per  cent  of  the  electors  of 
such  county,  procure  the  necessary  ground  and  erect  suitable 
buildings  for  a  parental  home  for  homeless,  dependent,  neg- 
lected or  delinquent  children  within  such  county,  and  shall  con- 
duct and  maintain  the  same.  (Laws  1919,  ch.  211,  sec.  1.) 

§  577.  Inmates.  [3099]  At  the  home  herein  provided  for 
homeless,  dependent,  neglected  or  delinquent  children  who  are 


CH.    18]  JUVENILE   COURT.  195 

under  the  age  of  sixteen,  may  be  kept  all  such  children  as  shall 
have  been  found  by  the  judge  of  the  juvenile  court  to  be 
proper  inmates  of  said  home.  (Laws  1915,  ch.  276,  sec.  2.) 

§578.  Tax  for  Buildings  and  Support.  [3100]  That  for  the 
purchase  of  the  necessary  ground  and  the  erection  of  a  suit- 
able building  or  buildings  for  the  purposes  herein  provided 
for,  the  board  of  county  commissioners  may,  by  unanimous 
vote,  levy  and  collect  a  tax  of  not  exceeding  three  cents  on  the 
hundred  dollars  on  all  taxable  property  of  the  county,  and  also 
may,  by  unanimous  vote,  levy  and  collect  an  annual  tax  of  not 
to  exceed  one  and  one-half  cents  on  the  hundred  dollars  for 
the  support  and  maintenance  of  such  home,  which  taxes  shall 
be  levied  and  collected  as  in  case  of  providing  for  other  ex- 
penses of  the  county.  (Laws  1915,  ch.  276,  sec.  3.) 

§579.  Managers;  Advisory  Board.  [3101]  The  home 
herein  provided  for  shall  be  in  charge  of  a  man  and  his  wife, 
to  be  selected  by  the  juvenile  judge:  Provided,  however,  That 
such  managers  shall  receive  and  have  the  advisory  assistance 
of  a  board  consisting  of  five  women  residents  of  such  county 
who  shall  be  named  by  the  board  of  county  commissioners, 
one  whose  term  shall  be  for  five  years,  and  one  whose  term 
shall  be  for  four  years,  and  one  whose  term  shall  be  for  three 
years,  and  one  whose  term  shall  be  for  two  years,  and  one  for 
one  year,  and  on  the  first  of  January  each  year  thereafter  one 
for  five  years,  and  such  advisory  board  shall  at  all  times  have 
access  to  the  home  and  every  department  thereof  and  shall  be 
entitled  to  familiarity  with  every  detail  in  its  management. 
(Laws  1915,  ch.  276,  sec.  4.) 

§  580.  Supervision.  [3102]  The  home  herein  provided  for 
shall  be  under  the  supervision  of  the  board  of  county  com- 
missioners, except  as  otherwise  provided  for  in  the  provision 
of  chapter  177,  Session  Laws  of  1907,  entitled  "An  act  amenda- 
tory of  and  supplemental  to  chapter  190  of  the  Laws  of  1905, 
entitled  'An  act  to  establish  a  juvenile  court  and  to  provide 
for  dependent  and  neglected  children,'  '  and  chapter  190  of 
the  Laws  of  1905.  (Laws  1915,  ch.  276,  sec.  5.) 

§581.  Salaries;  Expenses.  [3103]  The  members  of  the  ad- 
visory board  shall  receive  no  compensation.  The  salaries 
of  the  managers  in  charge  shall  be  fixed  by  the  board  of 
county  commissioners  and  warrants  shall  be  drawn  for  the 
payment  of  such  salaries  and  all  other  bills  regularly  allowed 
by  said  board  of  county  commissioners,  on  account  of  expenses 
incurred  for  the  maintenance  of  said  home.  (Laws  1915,  ch. 
276,  sec.  6.) 


196  KINDERGARTENS.  [CH.    19 


CHAPTER  XIX.— Kindergartens. 

§582.   Free   kindergartens. 

§  582.  Free  Kindergartens.  [8992]  That  the  school  [board] 
of  any  school  district1"4  in  the  state  shall  have  power  to  es- 
tablish and  maintain  free  kindergartens  in  connection  with 
the  public  schools  of  said  district,  for  the  instruction  of  chil- 
dren between  four  and  six  years  of  age  residing  in  said  dis- 
trict, and  shall  establish  such  courses  of  training,  study  and 
discipline  and  such  rules  and  regulations  governing  such  pre- 
paratory or  kindergarten  schools  as  said  board  may  deem 
best :  Provided,  That  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the 
school  population  or  the  apportionment  of  state  and  county 
school  funds  among  the  several  counties  and  districts  in  this 
state:  Provided  further,  That  the  cost  of  establishing  and 
maintaining  such  kindergartens  shall  be  paid  from  the  school 
fund  of  said  districts,  and  the  said  kindergartens  shall  be  a 
part  of  the  public-school  system,  and  governed,  as  far  as  prac- 
ticable, in  the  same  manner  and  by  the  same  officers  as  pro- 
vided by  law  for  the  government  of  the  other  public  school  [s] 
of  the  state:  Provided  further,  That  no  person  shall  be  em- 
ployed as  a  teacher  in  such  kindergarten  schools  who  has  not 
passed  a  satisfactory  examination  in  such  subjects  as  the 
State  Board  of  Education  shall  require.  The  State  Board  of 
Education  shall  adopt  rules  governing  the  examination  of  kin- 
dergarten teachers  and  shall  furnish  county  superintendents 
with  examination  questions,  and  the  examination  shall  be  held 
in  the  manner  provided  by  law  for  the  examination  of  teachers 
in  the  public  schools:  Provided  further,  That  any  person 
who  shall  complete  the  course  of  training  for  kindergarten 
teachers  at  the  State  Normal  School  or  its  auxiliaries  shall  be 
entitled  to  teach  in  the  kindergarten  schools  of  this  state  with- 
out examination.  (Laws  1907,  ch.  325,  sec.  1.) 

134.  Kindergartens  may  also  be  established  in  cities  of  the  first  and 
second  class. 


CH.    20]  ENGLISH   LANGUAGE.  197 


CHAPTER  XX.— Exclusive  Use  of  English  Language 

Specified. 

§583.   Applies  to  all  elementary  schools.  I    §585.   Power  of  visitation. 

584.   Courses   specified.  «  | 

§  583.  Applies  to  all  Elementary  Schools.  All  elementary 
schools  in  this  state,  whether  public,  private  or  parochial,  shall 
use  the  English  language  exclusively  as  the  medium  of  in- 
struction. (Laws  1919,  ch.  257,  sec.  1.) 

§  584.  Courses  Specified.  All  schools,  public,  private,  or 
parochial,  shall  provide  and  give  a  complete  course  of  instruc- 
tion to  all  pupils,  in  civil  government,  and  United  States  his- 
tory, and  in  patriotism  and  the  duties  of  a  citizen,  suitable  to 
the  elementary  grades.  (Laws  1919,  ch.  257,  sec.  2.) 

§  585.  Power  of  Visitation.  The  State  Board  of  Education 
shall  have  the  power  of  visitation  to  see  that  the  provisions  of 
this  act  are  complied  with,  and  if  it  be  found  that  any  provision 
of  this  act  is  being  violated,  the  state  board  shall  order  such 
school  forthwith  to  comply  with  this  act,  and  if  such  order  be 
not  complied  with  within  thirty  days  after  such  order,  ex- 
cluding vacation  periods,  then  the  state  board  shall  be  au- 
thorized to  order  such  school  to  be  closed,  and  the  county  at- 
torney of  the  county,  where  such  school  is  located,  or  the  at- 
torney general  of  the  state  of  Kansas,  at  the  election  of  the 
State  Board  of  Education,  shall  enforce  the  orders  of  the 
board  by  action  in  the  name  of  the  state  on  his  relation  or 
the  relation  of  such  board  of  education.  (Laws  1919,  ch.  257, 
sec.  3.) 


198 


LEVIES. 


[CH.    21 


CHAPTER  XXI.— Levies. 


§586.   Levies,  general  limitation. 

587.  Levies,  exceptions  to  limitations. 

588.  Increasing  the  levy. 


§589.  County  clerk,  excessive  levies. 

590.  Penalty,  officers. 

591.  Increasing  tax  levy  in  certain  cities. 


§  586.  Levies,  General  Limitation.  [11383]  All  levies  au- 
thorized in  any  taxing  district  by  statute,  and  which  are  not 
expressly  limited  herein,  are  hereby  limited  so  that  no  such 
levy  shall  be  made  in  excess  of  twenty-five  per  cent  of  the  rates 
so  authorized.  (Laws  1909,  ch.  245,  sec.  25.) 

§  587.  Levies,  Exceptions  to  Limitations.  [11384]  No  limi- 
tation imposed  by  this  act  shall  in  any  wise  apply  to  or  in  any 
way  limit  any  levy  which  is  authorized  by  statute  for  the  pur- 
pose of  creating  sinking  and  interest  funds  necessary  to 
liquidate  at  maturity  the  principal  and  interest  of  any  in- 
debtedness authorized  by  law;  nor  shall  any  provision  of  this 
act  apply  to  or  in  any  way  limit  special  taxes  levied  by  ordi- 
nance in  any  city.  And  nothing  in  this  act  shall  be  construed 
to  limit  the  levy  provided  by  any  special  act  heretofore  passed 
for  the  construction  of  roads,  and  under  which  any  county  is 
now  operating.  (Laws  1909,  ch.  245,  sec.  26.) 

§  588.  Increasing  the  Levy.  [11385]  If  any  board  of  levy, 
or  any  officer  that  is  charged  with  the  duty  of  levying  tax  in 
any  taxing  district,  shall  be  of  the  opinion  that  the  amount  of 
tax  limited  by  this  act  will  be  insufficient  for  the  needs  of  such 
taxing  district  for  the  current  year,  the  question  of  an  in- 
creased levy  may  be  submitted  to  the  voters  of  such  taxing  dis- 
trict at  a  general  election  or  at  a  special  election  called  for  the 
purpose  in  the  manner  provided  by  law  for  calling  special  elec- 
tions in  such  taxing  district:  Provided,  That  under  the  pro- 
visions of  this  section  a  vote  may  be  had  upon  the  question  of 
an  increased  levy  at  the  annual  meeting  of  any  school  district. 
If  any  such  question  of  increasing  the  levy  shall  be  submitted 
at  any  election  or  meeting  as  above  set  forth,  due  notice  thereof 
shall  be  given  for  at  least  thirty  days  in  advance  of  such  elec- 
tion or  meeting  by  publication  in  the  official  county  paper  for 
all  taxing  districts,  except  school  districts;  but  in  school  dis- 
tricts by  posting  a  notice  in  the  manner  provided  by  law  for 
other  elections  or  meetings ;  said  notice  shall  also  give  the  pro- 
posed increase  in  the  levy.  If  three-fourths  of  the  votes  cast  at 
any  such  election  shall  be  in  favor  of  the  increased  levy,  as 
named  in  said  election  notice,  then  the  officers  charged  with 
levying  taxes  may  make  such  increased  levy  for  the  year  voted 
upon,  and  thereafter  the  limitation  of  this  act  shall  apply, 
unless  an  increased  levy  for  a  particular  year  shall  be  voted  at 
another  election  in  like  manner.  (Laws  1909,  ch.  245,  sec.  27.) 

§  589.  Increasing-  the  Tax  Levy  in  Certain  Cities.  If  in  the 
judgment  of  the  board  of  education  in  any  city  of  the  first 


CH.  21]  LEVIES.  199 

or  second  class  the  tax  levy  authorized  by  law  for  the  support 
of  the  schools  of  such  city  shall  not  be  sufficient  to  maintain  the 
schools  of  such  city,  said  board  of  education  may  publish  a 
notice  in  at  least  two  issues  of  any  newspaper  having  general 
circulation  in  said  city  stating  the  amount  of  money  necessary 
for  the  support  of  the  schools  and  the  tax  levy  which  would  pro- 
duce said  amount,  and  if  after  the  publication  of  such  notice  a 
petition  shall  be  presented  to  said  board  of  education,  signed  by 
not  less  than  fifty-one  per  cent  of  the  resident  taxpayers  of 
such  city  and  territory  attached  thereto  for  school  purposes, 
upon  a  certain  date  fixed  in  said  petition ;  or  if  a  petition  shall 
be  presented  to  said  board  of  education,  signed  by  not  less  than 
seventy-five  per  cent  of  the  legal  voters  of  such  city  and  ter- 
ritory attached  thereto  for  school  purposes  upon  a  certain  date 
fixed  in  said  petition,  either  petition  requesting  that  the  pro- 
posed levy  as  stated  in  the  aforesaid  published  notice  be  made 
for  the  ensuing  year,  then  the  board  of  education  shall  have 
authority  to  make  such  levy,  which  levy  the  clerk  of  the  board 
of  education  shall,  on  or  before  the  first  day  of  August,  certify 
to  the  county  clerk,  who  is  hereby  authorized  and  required  to 
place  the  same  on  the  tax  roll  of  the  county  to  be  collected  and 
paid  over  to  the  treasurer  of  the  board  of  education  as  are  other 
taxes  levied  for  school  purposes:  Provided,  That  nothing  in 
this  act  shall  prohibit  the  increase  of  the  tax  levy  for  school 
purposes  in  any  manner  otherwise  provided  by  law:  And 
further  provided,  That  such  total  tax  levied  for  support  of  such 
school  shall  not  exceed  twenty  (20)  mills  for  any  one  year. 
(Laws  1917,  ch.  270,  sec.  1.) 

§590.  County  Clerk;  Excessive  Levies.  [11386]  Any  levy 
which  may  be  certified  to  the  county  clerk  in  excess  of  the 
limitations  placed  by  this  act  shall  be  unlawful,  and  in  any 
such  case  it  shall  be  unlawful  for  the  county  clerk  of  any 
county  within  the  state  to  enter  upon  the  tax  roll  of  the  county 
any  such  excessive  levy ;  and  in  case  of  any  such  excess  in  any 
levy  it  is  hereby  made  the  duty  of  the  county  clerk  and  he  is 
hereby  required  to  reduce  such  levy  and  to  extend  upon  the 
tax  roll  only  such  a  part  thereof  as  will  comply  with  the  pro- 
visions of  this  act.  (Laws  1909,  ch.  245,  sec.  28.) 

§591.  Penalty;  Officers.  [11387]  Any  officer  of  any  tax- 
ing district  or  any  county  clerk  who  shall  violate  any  pro- 
vision of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars  and  shall 
also  be  subject  to  removal  from  office  by  a  civil  action.  (Laws 
1909,  ch.  249,  sec.  29.) 


200  LEVIES.  [CH.    22 


CHAPTER  XXIL— Levies  for  Emergency  Cases. 

§592.   Increase  ordered  by  tax  commission.    I    §594.   Levy  for  excess  warrants. 
593.   Excess    warrants    authorized    by    tax    I 
commission.  I 

§  592.  Increase  Ordered  by  Tax  Commission.  Whenever  it 
shall  be  the  opinion  of  the  majority  of  the  members  of  any 
board  authorized  to  levy  taxes  in  any  taxing  district  or  of  any 
officer  solely  charged  with  that  duty  therein  that  the  rates  of 
levy  in  the  particular  taxing  district  under  consideration  are 
so  limited  as  to  be  insufficient  for  the  raising  of  the  funds 
necessary  to  supply  the  needs  of  said  taxing  district  for  gen- 
eral or  maintenance  expenses  for  the  current  tax  year,  such 
levying  officers  or  officer  shall  have  authority  to  fix  rates  of 
levy  in  such  district  which  will  raise  an  amount  of  money  for 
such  taxing  district  exceeding  by  twenty-five  per  cent  the 
amount  of  money  which  can  be  raised  in  such  taxing  district 
for  the  current  tax  year  by  using  the  rates  limited  by  law: 
Provided,  That  no  such  authority  shall  be  exercised  until  an 
application  for  its  exercise  shall  be  made  to  the  Tax  Commis- 
sion, which  body,  if  the  evidence  submitted  in  support  of  the 
application  shall  show  an  emergency  need  for  the  said  addi- 
tional amount  hereby  authorized  or  any  part  thereof,  is  hereby 
empowered  to  order  such  increase  as  may  have  been  shown  to 
be  necessary :  And  provided  further,  That  at  no  time  shall  any 
increase  authorized  by  the  Tax  Commission  in  any  such  taxing 
district  exceed  by  more  than  twenty -five  per  cent  the  amount  of 
money  that  can  be  raised  by  taxation  in  any  such  district  for 
the  current  tax  year.  (Laws  1919,  ch.  311,  sec.  1.) 

§  593.  Excess  Warrants  Authorized  by  Tax  Commission. 
That  whenever  it  shall  be  apparent  to  a  majority  of  the  mem- 
bers of  any  board  authorized  to  levy  taxes  in  any  taxing  dis- 
trict or  of  any  officer  solely  charged  with  that  duty  therein  that 
the  rates  of  levy  in  the  particular  taxing  district  under  con- 
sideration are  so  limited  as  to  be  insufficient  for  the  raising  of 
funds  necessary  to  supply  the  needs  of  said  taxing  district 
for  general  maintenance  expenses  for  the  current  tax  year, 
such  officers  or  officer  shall  have  the  authority  to  issue  war- 
rants to  meet  such  general  maintenance  expenses  for  the  cur- 
rent tax  year  to  the  amount  of  money  not  exceeding  twenty- 
five  per  cent  of  the  amount  of  money  which  can  be  raised  in 
such  taxing  district  by  using  the  rates  limited  by  law:  Pro- 
vided, That  no  such  authority  to  issue  warrants  shall  be 
exercised  until  an  application  for  such  exercise  shall  be  made 
to  the  Tax  Commission,  which  body,  if  the  evidence  submitted 
in  support  of  the  application  shall  show  an  emergency  need  for 
the  issue  of  warrants  for  the  said  additional  amount  hereby 
authorized  or  any  part  thereof,  is  hereby  empowered  to  order 


CH.  22]  LEVIES.  201 

the  issuance  of  such  warrants  as  may  be  shown  to  be  neces- 
sary :  And  provided  further,  That  at  no  time  shall  the  issuance 
of  such  warrants  authorized  by  the  Tax  Commission  in  any 
such  taxing  district  exceed  in  amount  twenty-five  per  cent  of 
the  amount  of  money  that  can  be  raised  by  taxation  in  any  such 
district  for  the  current  tax  year  under  the  existing  rates. 
(Laws  1919,  ch.  310,  sec.  1.) 

§  594.  Levy  for  Excess  Warrants.  That  whenever  any 
board  or  officer  shall  issue  warrants  under  the  authority  pre- 
scribed in  section  1  of  this  act,  the  said  board  or  officer  is 
authorized  and  empowered  to  fix  rates  of  levy  in  such  district 
which  will  raise  an  amount  of  money  sufficient  to  pay  and  dis- 
charge such  warrants.  Such  rate  of  levy  shall  be  in  addition  to 
the  rate  authorized  by  law  at  the  time  of  making  such  levy: 
Provided,  That  the  amount  of  such  warrants  shall  not  exceed 
by  more  than  twenty-five  per  cent  the  amount  of  money  that 
could  be  raised  by  taxation  in  any  such  district  for  the  year  in 
which  the  indebtedness  represented  by  the  warrants  was  in- 
curred. (Laws  1919,  ch.  310,  sec.  2.) 


202 


LIBRARIES. 


[GH.    23 


CHAPTER  XXIIL— Libraries. 
ARTICLE  I.— School-district  Libraries. 


§595.  School  districts  may  vote  a  tax  not 
to  exceed  two  mills  for  district 
library. 


§596.  The  money  so  collected  shall  be  used 

for  no  other  purpose. 

597.   Librarian  to  be  appointed  by  district 
board. 


§  595.  Library  Fund.  [9057]  That  the  several  school  dis- 
tricts of  the  state  may,  at  the  annual  meeting  in  each  year, 
vote  a  tax135  upon  all  the  taxable  property  of  the  district,  not 
to  exceed  two  mills135  on  the  dollar,  which  tax  shall  be  certified 
by  the  district  clerk  to  the  county  clerk,  at  the  same  time 
and  manner  as  other  school-district  taxes  are  certified;  and 
the  county  clerk  shall  place  the  same  on  the  tax-roll  of  the 
county  in  a  separate  column,  designating  the  purpose  for 
which  such  tax  was  levied;  and  said  tax  shall  be  collected 
and  paid  over  to  the  treasurer  of  said  district  in  all  respects 
as  other  school-district  taxes  are  collected  and  paid :  Provided, 
hoivever,  That  in  the  districts  where  the  taxable  property  of 
the  district  is  more  than  $20,000  and  not  more  than  $30,000, 
there  shall  not  be  levied  more  than  one  and  one-half  mills136 
on  the  dollar;  and  where  the  taxable  property  is  more  than 
$30,000  and  not  more  than  $50,000,  there  shall  not  be  levied 
more  than  one  mill136  on  the  dollar ;  and  in  all  cases  where  the 
taxable  property  of  the  district  shall  exceed  $50,000,  there 
shall  not  be  levied  more  than  one-half  mill136  on  the  dollar. 
(Laws  1876,  ch.  122,  art.  8,  sec.  1.) 

§  596.  How  Used.  That  section  9058  of  the  General  Stat- 
utes of  Kansas  for  1915  be  amended  to  read  as  follows :  Sec. 
9058.  That  the  money  so  collected  shall  be  used  under  the 
direction  of  the  board  of  directors  for  the  purchasing  of  a 
school-district  library,  and  for  no  other  purpose;  and  the 
district  board,  in  the  purchase  of  books,  shall  be  confined 
to  works  of  arithmetic,  geography,  history,  literature,  biog- 
raphy, travels,  science,  and  two  monthly  school  journals,  one 
to  meet  the  needs  of  the  primary  classes  and  the  other  the 
more  advanced  and  general  needs.  (Laws  1919,  ch.  261, 
sec.  1.) 

§  597.  Librarian;  Rules.  [9059]  The  district  clerk  shall  be 
the  librarian,  unless  the  board  of  directors  shall  appoint  some 
other  competent  and  suitable  person  who  shall  reside  in  the 
district  to  perform  the  duties  of  that  office;  and  the  board 
shall  have  power  to  make  such  rules  and  regulations  in  regard 
to  the  management  of  said  library  as  they  shall  deem  best, 
and  they  shall  revise  and  change  said  rules  from  time  to  time 
as  the  necessities  of  the  case  may  require.  (Laws  1876,  ch. 
122,  art.  8,  sec.  3.) 

135.  The  library  tax  is  an  additional  levy. 

136.  Limited  to  twenty-five  per  cent  of  the  above  amounts  by  Laws 
1909,  ch.  245,  sec.  25  (section  586  of  this  book). 


CH.    23]  LIBRARIES.  203 


ARTICLE  II. — Kansas  State  Traveling  Libraries  and  Aplington  Art 

Gallery. 

§598.  Management  of  library.  §600.  Management  of  gallery. 

599.  Aplington  art  gallery. 

§  598.  Management  of  Library.  [10463]  That  the  Kansas 
Traveling  Libraries  Commission  shall  have  the  management 
of  the  traveling  library  department  of  the  state  library,  shall 
make  such  rules  for  the  government  of  such  department  and 
the  use  of  the  books  and  other  property  thereof  as  they  may 
deem  necessary,  and,  under  such  regulations  as  they  may 
prescribe,  they  may  send  out  temporarily  from  the  miscel- 
laneous department  of  the  state  library  such  books  (not  in- 
cluding reference  books  or  other  books  inappropriate  for  such 
purposes)  as  may  be  designated  for  that  purpose  by  the  di- 
rectors of  the  state  library  and  any  books  specially  given  to  or 
bought  for  such  traveling  libraries  to  any  library  in  the  state, 
or  to  any  community  or  organization  not  yet  having  an  estab- 
lished library  but  which  has  conformed  to  the  conditions  of 
said  regulations  of  said  commission,  and  such  books,  when 
so  sent  out  to  such  library,  community,  or  organization,  shall 
be  there  kept  for  the  use  of  the  public,  subject  to  such  reason- 
able regulations  with  reference  thereto  as  may  be  adopted  by 
said  commission.  And  said  commission  shall  from  time  to 
time  so  send  out  and  distribute  such  books  throughout  the 
state,  and  at  suitable  intervals  change  such  distribution,  in 
such  manner  as  to  secure  to  the  greatest  practicable  degree 
the  use  and  enjoyment  of  such  books  to  the  people  of  the  entire 
state.  Said  commission  shall  be  entitled  to  receive  the  assist- 
ance of  the  assistant  librarian  of  the  state  library  who  is  in 
charge  of  the  miscellaneous  department  of  the  state  library. 
(Laws  1899,  ch.  163,  sees.  3  and  4.) 

§  599.  Aplington  Art  Gallery.  [10464]  That  the  state  of 
Kansas  accepts  the  proffer  made  by  the  Kansas  Federation  of 
Women's  Clubs,  and  takes  the  collection  of  carbon  photo- 
graphic reproductions  of  the  world's  famous  paintings  for 
circulation  amongst  and  for  the  use  of  the  people  of  the  state  : 
Provided,  That  the  collection  shall  be  marked  and  known  as 
"The  Aplington  art  gallery."  (Laws  1907,  ch.  385,  sec.  1.) 

§  600.  Management  of  Gallery  [10465]  That  the  Apling- 
ton art  gallery  is  hereby  constituted  a  part  of  the  Kansas 
traveling  libraries,  and  is  placed  under  the  direction  and  con- 
trol of  the  Kansas  Traveling  Libraries  Commission,  with  the 
same  powers,  duties  and  restrictions  as  are  provided  for  the 
care,  circulation  and  distribution  of  books  belonging  to  the 
Kansas  traveling  libraries  by  chapter  163,  Laws  of  1899. 
(Laws  1907,  ch.  385,  sec.  2.) 


204  LIBRARIES.  [CH.    23 


ARTICLE  III.— Free  Public  Libraries. 

§601.   Petition  and  election.  ]    §603.   Use  of  excess  of  site  fund. 

602.   Levy   for   purchase   of   site. 

§  601.  Petition  and  Election.  That  upon  the  written  peti- 
tion of  twenty-five  per  cent  of  the  resident  taxpayers  of  any 
city  presented  to  the  mayor  and  city  council  or  mayor  and  com- 
missioners thereof,  such  mayor  and  council  shall  cause  to  be 
submitted  to  the  legal  voters  of  such  city,  at  the  first  city  elec- 
tion thereafter,  or,  if  the  petition  so  requests,  at  a  special  elec- 
tion to  be  called  for  that  purpose,  the  question  of  the  establish- 
ment and  maintenance  of  a  free  public  library  and  reading- 
room  by  such  city;  and  if  a  majority  of  the  votes  cast  at  such 
election  on  such  proposition  shall  be  in  favor  of  the  establish- 
ment and  maintenance  of  such  library  and  reading  room,  the 
mayor  and  council  or  mayor  and  commissioners  shall  annually 
thereafter  levy  a  tax  in  such  sum  as  may  be  by  resolution  of 
the  directors  of  the  free  library  designated,  not  to  exceed  one 
mill  on  the  dollar  on  all  taxable  property  in  such  city  subject  to 
tax,  to  be  levied  and  collected  in  a  like  manner  with  the  other 
taxes  of  said  city  and  to  be  known  as  the  library  fund :  Pro- 
vided, That  in  cities  having  a  population  of  40,000  or  more  the, 
levy  herein  provided  for  shall  not  exceed  one-fourth  of  one  mill. 
(Laws  1919,  ch.  112,  sec.  1.) 

§  602.  Levy  for  Purchase  of  Site.  That  the  mayor  and 
council,  or  the  mayor  and  commissioners,  of  any  city  of  the 
second  class,  having  and  maintaining  a  free  public  library,  and 
having  an  assessed  valuation  of  the  property  in  such  city  of  not 
more  than  three  million  dollars,  and  not  more  than  2,500  in- 
habitants, are  hereby  authorized  to  levy  an  annual  tax  during 
the  years  1919  and  1920  not  to  exceed  one  mill  on  such  valua- 
tion for  the  purpose  of  producing  a  fund  or  the  purchase  of  a 
site  for  a  free  library  building,  and  the  mayor  and  council,  or 
mayor  and  commissioners,  of  such  city  are  hereby  authorized 
to  purchase  such  site  with  the  money  thus  produced.  (Laws 
1919,  ch.  142,  sec.  1.) 

§  603.  Use  of  Excess  of  Site  Fund.  That  should  the  fund 
so  produced  be  more  than  sufficient  for  the  payment  of  such 
site,  then  the  remainder  of  such  fund  shall  become  a  part  of 
and  be  credited  to  the  library  fund  of  such  city,  and  there  shall 
be  no  further  levy  thereafter.  (Laws  1919,  ch.  142,  sec.  2.) 


CH.  24] 


NIGHT   SCHOOLS. 


205 


CHAPTER  XXIV.— Night  Schools. 


§604.   School    boards    shall    have   power    to 

establish  night  schools. 
605.   Cost  paid  from  public-school  fund. 


J606.   Sessions;  term. 

607.  Equipment ;   rules  and  regulations. 

608.  Teachers:    qualifications ;    certificates. 


§  604.  School  Boards  Shall  Have  Power  to  Establish  Night 
Schools.  [9394]  The  school  board  of  any  district  or  the  board 
of  education  of  any  city  in  this  state  shall  have  the  power  to 
establish  and  maintain  free  public  night  schools  in  connection 
with  the  public  school  of  such  district  or  city,  for  the  instruc- 
tion.of  persons  of  the  age  of  fourteen  years  and  over  residing 
in  said  district  or  city,  not  required  by  law  to  attend  the  public 
day  school  therein :  Provided,  That  it  shall  be  the  duty  of  such 
board  to  establish  and  maintain  such  public  night  school  when- 
ever petitioned  in  writing  therefor  by  the  parents  or  guardians 
of  ten  persons  eligible  to  attend  said  night  school:  Provided 
further,  That  said  board  may  discontinue  such  n^ght  school 
whenever  the  average  nightly  attendance  thereof  shall  be  not 
more  than  seven.  (Laws  1913,  ch.  267,  sec.  1.) 

§  605.  Cost  Paid  from  Public-school  Fund.  [9395]  The 
cost  of  establishing  and  maintaining  said  public  night  school 
shall  be  paid  from  the  public-school  fund  of  said  district  or 
city  and  the  said  night  school  shall  be  a  part  of  the  public- 
school  system,  and  governed,  as  far  as  practicable,  in  the  same 
manner  and  by  the  same  officers  as  provided  by  law  for  the 
government  of  the  other  public  schools  of  this  state :  Provided, 
That  nothing  in  this  act  shall  be  construed  to  change  the  law, 
not  in  conflict  herewith,  relating  to  the  public  day  schools  of 
this  state :  And  provided  further,  That  nothing  in  this  act  shall 
be  held  to  compel  attendance  upon  such  public  night  school. 
(Laws  1913,  ch.  267,  sec.  2.) 

§606.  Sessions;  Term.  That  section  9396  of  the  General 
Statutes  of  the  state  of  Kansas  for  1915  be  amended  to  read  as 
follows:  Sec.  9396.  The  sessions  of  said  public  night  school 
shall  be  held  at  night  on  not  less  than  three  nights  each  week 
during  the  continuance  of  such  schools  in  one  or  more  of  the 
regular  class  rooms  in  one  or  more  of  the  public  school  build- 
ings of  said  district  or  city,  and  the  term  or  terms  of  said  public 
night  school  shall  continue  only  during  the  term  or  terms  of  the 
regular  public  school  in  such  district  or  city,  saM  term  to  com- 
mence at  the  discretion  of  the  board  of  education  and  shall  con- 
tinue for  not  less  than  five  months,  except  as  provided  in  sec- 
tion one  of  this  act.  (Laws  1919,  ch.  271,  sec.  1.) 

§607.  Equipment;  Rules  and  Regulations.  [9397]  The 
board,  as  far  as  practicable,  shall  furnish  the  same  equipment 
used  in  the  public  day  school  of  said  district  or  city,  and  shall 
provide  for  the  courses  of  study,  rules  and  regulations,  not  in 


206  NIGHT   SCHOOLS.  [CH.   24 

conflict  herewith,  that  it  may  deem  best  for  such  night  school. 
(Laws  1913,  ch.  267,  sec.  4.) 

§608.  Teachers;  Qualifications;  Certificates.  [9398]  The 
board  shall  hire  one  or  more  teachers,  who  may  or  may  not  be 
employed  as  a  public-school  teacher,  having  the  like  qualifi- 
cations, evidenced  by  the  proper  teacher's  certificate,  required 
by  law  for  teachers  in  the  public  day  school  of  such  district 
or  city,  and  shall  pay  said  night  school  teacher  a  monthly 
salary,  calculated  upon  the  number  of  hours  actually  spent  in 
teaching  in  said  night  school,  and  in  the  manner  provided  by 
law  for  the  paying  of  teachers  in  the  public  schools  of  said 
district  or  city.  (Laws  1913,  ch.  267,  sec.  5.) 


CH.  25] 


NORMAL   INSTITUTES. 


207 


CHAPTER  XXV.— Normal  Institutes. 


§613.   County    superintendent     shall    trans- 
mit funds. 

614.  Normal    institute   fund ;    state    appro- 

priation. 

615.  Disbursements. 

616.  Union  institutes. 


§609.  Normal     institutes    to    be    held     an- 
nually ;  term. 

610.  Conductors    and    instructors;    certifi- 

cates. 

611.  Expenses;     fees;     county     appropria- 

tion. 

612.  County  treasurer  custodian  of  fund. 

§609.    Normal    Institutes    to    be    Held    Annually;    Term. 

[9024]  The  county  superintendents  of  public  instruction  shall 
hold  annually,  in  their  respective  counties,  for  a  term  of  not 
less  than  five  days  nor  more  than  twenty  days,  a  normal  insti- 
tute for  the  instruction  of  teachers  and  those  desiring  to  teach : 
Provided,  That  two  or  more  counties  may  be  united  in  holding 
one  normal  institute,  as  provided  in  section  2,  chapter  270,  of 
the  Session  Laws  of  1911.137  (Laws  1915,  ch.  304,  sec.  1.) 

§610.  Conductor  and  Instructors;  Certificates.  [9025]  The 
county  superintendent  of  public  instruction,  with  the  advice 
and  consent  of  the  state  superintendent  of  public  instruction, 
shall  determine  the  time  and  place  of  holding  such  normal  in- 
stitutes, and  shall  select  a  conductor  and  instructors  for  the 
same :  Provided,  That  no  person  shall  be  paid  from  the  insti- 
tute funds  for  services  as  conductor  or  instructor  of  said  in- 
stitutes who  has  not  received  a  certificate138  from  the  state 
board  of  examiners  as  to  his  special  qualifications  for  that 
work.  (Laws  1877,  ch.  136,  sec:  2.) 

§611.  Expenses;  Fees;  County  Appropriation.  [9026]  To 
defray  the  expenses  of  said  institute  the  county  superintendent 
shall  require  the  payment  of  a  registration  fee  of  one  dollar  for 
each  person  attending  the  institute  and  one  dollar  for  each 
person  writing  in  any  examination  for  a  teacher's  certificate, 
and  a  fee  of  one  dollar  for  each  of  the  following:  renewal  of 
any  first-grade  certificate,  the  indorsement  of  any  certificate 
issued  in  another  county,  the  registration  of  normal  training 
certificates  and  of  all  certificates  or  diplomas  issued  by  the 
State  Board  of  Education  or  by  any  of  the  state  normal  schools. 
For  the  further  support  of  such  institute  the  board  of  county 
commissioners  shall  appropriate  such  sum  as  they  may  deem 
necessary,  not  exceeding  one 'hundred  dollars  in  any  one  year : 

137.  Section  616  of  this  book. 

138.  The  law  does  not  forbid  the  county  superintendent  to  permit  a 
person  who  has  not  been  authorized  by  the  State  Board  of  Education  to 
instruct  in  his  institute,  but  he  can  not  pay  for  said  services  from  the 
public  fynds. 

Holders  of  special  institute  certificates  must  confine  their  instruction 
to  the  branches  named  in  said  special  certificates. 

The  county  superintendent  can  conduct  or  instruct  in  his  own  institute 
without  a  certificate,  but  he  can  not  legally  draw  pay  for  such  service. 


208  NORMAL   INSTITUTES.  [CH.   25 

Provided,  That  the  county  commissioners  may  appropriate  in 
addition  to  the  amount  hereinbefore  mentioned  such  sum  as 
may  be  necessary  to  meet  any  deficiency,  not  exceeding  one 
hundred  dollars  in  any  one  year.  (Laws  1915,  ch.  304,  sec.  2.) 

§  612.  County  Treasurer  Custodian  of  Fund.  [9027]  The 
fund  thus  created  shall  be  designated  the  "normal-institute 
fund/'  and  the  county  treasurer  shall  be  the  custodian  of  said 
fund.  (Laws  1877,  ch.  136,  sec.  4.) 

§613.  County  Superintendent  Shall  Transmit  Funds. 
[9028]  The  county  superintendent  shall,  monthly,  and  at  the 
close  of  each  institute,  transmit  to  the  county  treasurer  all 
moneys  received  by  him,  as  provided  in  section  3,139  together 
with  the  name  of  each  person  so  contributing,  and  the  amount ; 
and  the  county  treasurer  shall  place  all  such  moneys  to  the 
credit  of  the  "normal-institute  fund."  (Laws  1877,  ch.  136, 
sec.  5.) 

§614.  Normal-institute  Fund ;  State  Appropriation.  [9029] 
It  shall  be  the  duty  of  the  state  superintendent  of  public  in- 
struction, annually,  when  twenty-five  persons  have  registered 
as  members  of  any  normal  institute  organized  under  the  pro- 
visions of  this  act  and  have  paid  the  required  registration  fee, 
to  certify  the  same  to  the  auditor  of  state,  who  shall  forward 
to  the  county  treasurer  of  said  county  an  order  on  the  treas- 
urer of  the  state  for  the  sum  of  fifty  dollars,  to  be  paid  out  of 
any  money  appropriated  for  that  purpose;  which  amount  tha 
county  treasurer  shall  place  to  the  credit  of  the  "normal- 
institute  fund" :  Provided,  That  when  two  or  more  counties 
shall  unite  in  holding  a  normal  institute  in  accordance  with 
the  provisions  of  the  next  succeeding  section,140  and  there  shall 
be  registered  as  members  of  such  institute  a  number  of  per- 
sons which  equals  or  exceeds  the  average  of  twenty-five  for 
each  county  thus  uniting,  that  said  institute  shall  be  entitled 
to  receive  the  sum  of  fifty  dollars  for  each  county  so  united. 
(Laws  1911,  ch.  270,  sec.  1.) 

§  615.  Disbursements.  [9030]  All  disbursements  of  the 
"normal-institute  fund"  shall  be  upon  the  order  of  the  county 
superintendent,  and  no  orders  shall  be  drawn  on  said  fund 
except  for  claims  approved  by  the  county  superintendent,  for 
services  rendered  or  expenses  incurred  in  connection  with  the 
normal  institutes.141  (Laws  1877,  ch.  136,  sec.  7.) 

§  616.  Union  Institutes.  [9031]  Two  or  more  counties  each 
having  less  than  12,000  inhabitants  may  unite  in  holding  one 

139.  Section  611  of  this  book. 

140.  Section  616  of  this  book. 

141.  It  is  unlawful  for  the  county  treasurer  to  pay  an  order  on  the 
"normal-institute  fund"  drawn  "for  services  rendered,"  in  favor  of  any 
person  not  holding  the  certificate  of  the  State  Board  of  Education  for 
institute  work. 


CH.   25]  NORMAL   INSTITUTES.  209 

normal  institute,  with  the  consent  and  by  the  direction  of  the 
state  superintendent  of  public  instruction:  Provided,  That 
aside  from  determining  the  time  and  place  of  holding  the  nor- 
mal institute  and  contracting  with  a  conductor  and  instructors 
for  the  same,  the  superintendent  of  the  county  in  which  the  in- 
stitute shall  be  located  shall  be  in  charge  of  the  same  and  di- 
rect and  determine  all  matters  of  details;  and  such  superin- 
tendent shall  draw  all  orders  upon  the  normal-institute  fund 
as  provided  in  the  original  act :  And  provided,  That  the  treas- 
urer of  the  county  in  which  such  normal  institute  is  held  shall 
be  the  custodian  of  the  "normal-institute  fund"  to  whom -the 
state  and  county  appropriations  for  the  benefit  of  the  normal 
institute  shall  be  transmitted,  and  to  whom  the  several  county 
superintendents  of  the  counties  thus  uniting  shall  transmit  the 
fees  collected,  as  provided  in  the  original  act:  And  provided 
further,  That  if  a  surplus  should  exist  after  payment  of  all  the 
expenses  of  the  normal  institute  the  same  shall  be  distributed 
equally  among  the  normal-institute  funds  of  the  counties  thus 
uniting.  (Laws  1911,  ch.  270,  sec.  2.) 


210 


NORMAL   TRAINING. 


[CH.   26 


CHAPTER  XXVL— Normal  Training. 


§617.  Normal  courses  in  high  schools. 

618.  State  aid. 

619.  Rules  and  regulations  by  State  Board 

of  Education. 


§620.  Academies  eligible. 

621.  Appropriation  for  normal  training. 

622.  Appropriation  for  industrial  training. 


§617.  Normal  Courses  in  High  Schools.142  [9389]  That  for 
the  purpose  of  affording  increased  facilities  for  the  pro- 
fessional training  of  those  preparing  to  teach,  and  particularly 
those  who  are  to  have  charge  of  our  rural  schools,  the  State 
Board  of  Education  shall  make  provisions  for  normal  courses 
of  study  and  for  normal  training  in  such  high  schools  as  said 
Board  of  Education  shall  designate :  Provided,  That  said  high 
schools  shall  be  selected  and  distributed  with  regard  to  their 
usefulness  in  supplying  trained  teachers  for  schools  in  all  por- 
tions of  the  state  and  with  regard  to  the  number  of  teachers 
required  for  the  schools  in  each  portion  of  the  state.  (Laws 
1909,  ch.  212,  sec.  1.) 

§  618.  State  Aid.  [9390]  Each  high  school  designated  for 
normal  training  and  meeting  the  requirements  of  the  State 
Board  of  Education  shall  receive  state  aid  to  the  amount  of 
five  hundred  dollars  per  school  year,  to  be  paid  in  two  equal 
installments,  on  the  first  day  of  March  and  the  first  day  of 
June  each  year,  from  the  state  treasury,  on  a  voucher  certified 
to  by  its  superintendent  or  principal  and  approved  by  the  state 
superintendent  of  public  instruction :  Provided,  That  no  part  of 
such  money  received  from  the  state  shall  be  used  for  any  other 
purpose  than  to  pay  teachers'  wages:  And  provided  further, 
That  in  case  more  than  one  high  school  in  any  one  county  shall 
establish  a  normal  course  in  accordance  with  the  provisions  of 
this  act  and  shall  be  accredited  by  the  State  Board  of  Educa- 
tion the  total  state  aid  distributed  in  such  counties  shall  not 
exceed  one  thousand  dollars,  and  in  case  there  are  more  than 
two  high  schools  in  any  one  county  designated  and  accredited 
by  the  said  State  Board  of  Education,  state  aid  to  an  amount 
not  exceeding  one  thousand  dollars  shall  be  equally  divided 
among  said  schools.  (Laws  1909,  ch.  212,  sec.  2.) 

§  619.  Rules  and  Regulations  by  State  Board  of  Education. 
[9391]  In  order  that  a  high  school  shall  be  eligible  to  receive 
state  aid  under  this  act  it  shall  have  in  regular  attendance 
in  its  normal-training  courses  at  least  ten  students  during  each 
semester,  and  such  normal-training  work  shall  be  given  under 
such  rules  and  regulations  as  the  State  Board  of  Education 
may  prescribe,  subject  to  the  provisions  of  this  act.  (Laws 
1909,  ch.  212,  sec.  3.) 

142.  For  the  provisions  relating  to  normal  training  teachers'  certifi- 
cates see  section  68  of  this  book. 


CH.   26]  NORMAL   TRAINING.  211 

§  620.  Academies  Eligible.  [9392]  Accredited  academies 
are  eligible  to  the  operation  of  this  act,  except  as  to  receiv- 
ing state  aid.  (Laws  1909,  ch.  212,  sec.  5.) 

§  621.  Appropriation  for  Normal  Training.  There  is  hereby 
appropriated  for  normal  training  courses  in  high  schools, 
seventy-five  thousand  dollars  ($75,000)  for  the  fiscal  year  end- 
ing June  30,  1920,  and  seventy-five  thousand  dollars  ($75,000) 
for  the  year  ending  June  30,  1921,  or  so  much  thereof  as  may 
be  necessary  to  carry  out  the  provisions  of  the  normal  train- 
ing act  of  1909,  being  chapter  212  thereof,  also  provisions  of 
the  normal  training  act  of  1911,  being  chapter  24  thereof ,  and 
the  rules  and  regulations  of  the  State  Board  of  Education 
made  in  accordance  therewith:  Provided,  No  high  schools 
situated  in  the  cities  having  state  normal  schools  shall  receive 
such  aid.  (Laws  1919,  ch.  52,  sec.  1.) 

§  622.  Appropriation  for  Industrial  Training.  There  is 
hereby  appropriated  for  the  fiscal  year  ending  June  30,  1920, 
sixty  thousand  dollars  ($60,000)  and  for  the  fiscal  year  ending 
June  30,  1921,  sixty  thousand  dollars  ($60,000)  to  be  expended 
as  follows,  and  to  be  distributed  in  the  same  manner  as  is  pro- 
vided for  the  distribution  of  the  state  aid  for  normal  training 
courses.  Any  high  schools  that  now  maintain  a  normal  train- 
ing course  under  the  provisions  of  chapter  212  of  the  Session 
Laws  of  1909,  and  the  24th  chapter  of  the  Session  Laws  of 
1911,  or  that  shall  put  into  operation  such  normal  training 
course,  shall  be  entitled  to  the  sum  of  five  hundred  dollars 
($500)  per  annum:  Provided,  That  such  schools  shall  also 
maintain  courses  in  the  elements  of  agriculture  and  domestic 
science  under  such  provisions  and  regulations  as  may  be  estab- 
lished by  the  State  Board  of  Education :  And  provided  further, 
That  no  such  school  shall  be  eligible  to  the  five  hundred  dollars 
($500)  annual  state  aid  or  any  part  thereof  that  shall  not  have 
at  least  ten  pupils  enrolled  in  such  industrial  courses  each 
semester :  Provided,  That  the  money  appropriated  for  the  pur- 
poses of  this  act  shall  not  be  used  to  pay  the  salary  and  travel- 
ing expenses  of  high  school  inspection :  Provided,  That  appli- 
cation for  appointment  herein  shall  be  made  not  later  than 
May  1st  of  each  year:  And  provided  further,  That  no  appoint- 
ment shall  be  made  until  all  schools  eligible  to  receive  aid  are 
listed,  and  if  the  amounts  of  money  appropriated  under  this 
act  are  not  sufficient  to  meet  the  requirements  as  provided  by 
law,  then  said  distribution  shall  be  prorated  among  all  the  high 
schools  of  the  state  making  application  therefor  and  being 
eligible  to  the  appropriation  provided  for  in  this  act.  (Laws 
1919,  ch.  52,  sec.  2.) 


212  PATRIOTISM.  [CH.   27 


CHAPTER  XXVII.— Patriotism. 
ARTICLE  I. — Flag  to  be  Furnished  and  Displayed. 

1626.   Duty  of  county  superintendent. 
627.   Flag     of     bolshevism,     anarchy     and 


$623.   Purchase  and  display  of  flag. 

624.  Flag  for  each  room. 

625.  Rules   and   regulations   for   care   and 


radical  socialism  forbidden. 


display  of  flag.  628.   Penalty  for  display  of  forbidden  flag. 

§  623.  Duty  to  Purchase  and  Display  of  Flag.  That  it  shall 
be  the  duty  of  the  school  directors  or  boards  of  education  of 
every  public  or  proprietor  of  a  private  or  parochial  school  in 
the  several  cities,  counties,  districts  and  school  districts  of  this 
state  to  purchase  a  suitable  United  States  flag,  flagstaff  and  the 
necessary  appliances  therefor,  and  to  display  such  flag  upon  or 
near  the  public,  private  or  parochial  school  building  or  grounds 
belonging  thereto  in  which  school  is  held  during  school  hours, 
and  at  such  other  times  as  such  school  directors,  boards  of  edu- 
cation or  proprietors  may  direct.  (Laws  1919,  ch.  274,  sec.  1.) 

§  624.  Flag  for  Each  Room.  That  it  shall  be  the  duty  of  the 
said  school  directors,  or  boards  of  education  of  every  public  or 
proprietor  of  a  private  or  parochial  school  in  the  several  cities, 
counties*  districts  and  school  districts  of  this  state  to  purchase 
a  suitable  United  States  flag  for  each  and  every  room  of  their 
respective  school  building  or  buildings  and  to  keep  such  United 
States  flag  or  flags  in  display  in  each  such  school  room  or  rooms 
during  the  school  hours  and  at  such  other  times  as  such  school 
directors  or  boards  of  education  may  direct.  (Laws  1919,  ch. 
274,  sec.  2.) 

§  625.  Rules  and  Regulations  for  Care  and  Display  of  Flag. 
That  the  said  school  directors  or  boards  of  education  or  pro- 
prietor of  a  private  or  parochial  school  shall  establish  rules 
and  regulations  for  the  proper  custody,  care  and  display  of  the 
said  United  States  flag,  and,  when  the  weather  will  not  permit 
it  to  be  otherwise  displayed,  it  shall  be  placed  conspicuously  in 
the  principal  room  in  the  schoolhouse.  (Laws  1919,  ch.  274, 
sec.  3.) 

§  626.  Duty  of  County  Superintendents.  That  it  shall  be  the 
duty  of  the  county  superintendent  of  public  instruction  in  each 
county  of  the  state  of  Kansas  to  notify  the  principal  or  pro- 
prietor of  such  public,  private  or  parochial  school,  having 
charge  of  such  school  buildings  and  grounds,  to  observe  the 
provisions  of  section  1  of  this  act,  and  if  after  such  notification 
the  said  principal  or  proprietor  of  such  public,  private  or  pa- 
rochial school  shall  fail  to  comply  therewith  for  a  period  of 
thirty  days,  such  principal  or  proprietor  of  such  public,  private 
or  parochial  school  shall  be  judged  guilty  of  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than  $1 
nor  more  than  $5  for  each  thirty  days  thereafter  that  he  shall 


CH.  27]  PATRIOTISM.  213 

continue  to  neglect  to  obey  the  provisions  of  this  act.  (Laws 
1919,  ch.  274,  sec.  4.) 

§  627.    Flag  of  Bolshevism,  Anarchy  and  Radical  Socialism. 

That  hereafter  it  shall  be  a  felony  for  any  person  or  persons, 
organization  or  body  of  persons  to  fly,  to  carry,  to  exhibit, 
or  to  display,  or  to  assist  in  carrying,  exhibiting  or  display- 
ing in  this  state  any  red  flag,  standard  or  banner  distinctive 
of  bolshevism,  anarchy,  or  radical  socialism,  or  any  flag,  stand- 
ard or  banner  of  any  color  or  design  that  is  now  or  may  here- 
after be  designated  by  any  bolshevistic,  anarchistic  or  radical 
socialistic  group,  body,  association  or  society  of  persons  as 
the  flag,  standard  or  banner  of  bolshevism,  anarchism  or 
radical  socialism.  (Laws  1919,  ch.  184,  sec.  1.) 

§  628.  Penalty  for  Display  of  Forbidden  Flag.  That  any 
person  or  persons  who  shall  violate  any  provision  of  section 
1  of  this  act  shall,  upon  conviction  of  such  violation,  be 
punished  by  imprisonment  in  the  State  Penitentiary  for  a 
period  of  not  less  than  eighteen  (18)  months  nor  more  than 
three  (3)  years.  (Laws  1919,  ch.  184,  sec.  2.) 

ARTICLE  II. — Patriotic  Instruction. 

§629.   Duty  of  state  superintendent. 
§630.   Patriotic  exercises. 

§  629.  Duty  of  State  Superintendent.  [94471  It  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction  of  this 
state  to  prepare  for  the  use  of  the  public  schools  of  the  state 
a  program  providing  f6r  a  salute  to  the  flag  at  the  opening  of 
each  day  of  school,  and  such  other  patriotic  exercises  as  may 
be  deemed  by  him  to  be  expedient,  under  such  regulations 
and  instructions  as  may  best  meet  the  varied  requirements  of 
the  different  grades  in  such  schools.  It  shall  also  be  his  duty  to 
make  special  provision  for  the  observance  of  [in]  such  public 
schools  of  Lincoln's  birthday,  Washington's  birthdav,  Me- 
morial day  (May  30),  and  Flag  day  (June  14),  and  such  other 
legal  holidays  of  like  character  as  may  be  hereafter  designated 
by  law.  (Laws  1907,  ch.  319,  sec.  3.) 

§  630.  Patriotic  Exercises.  [9448]  The  state  superintend- 
ent of  public  instruction  is  hereby  authorized  and  directed 
to  procure  and  provide  the  necessary  and  appropriate  instruc- 
tions for  developing  and  encouraging  such  patriotic  exercises 
in  the  public  schools,  and  the  state  printer  is  hereby  author- 
ized and  directed  to  do  such  printing  and  binding  as  may  be- 
come necessary  for  the  efficient  and  faithful  carrying  out  of  the 
purposes  of  this  act.  (Laws  1907,  ch.  319,  sec.  4.) 


214 


RETIREMENT   FUND. 


[CH.    28 


CHAPTER  XXVIII.— Retirement  Fund. 


J631.   Creation  and  maintenance. 

632.  Disbursement. 

633.  Retirement     with     thirty     years'     ex- 

perience. 

634.  Retirement   on    account    of    disability 

or  incapacity. 


§635.  Refund  or  transfer  of  fumls. 

636.  Term   "teacher"  defined. 

637.  Duty  of  treasurer. 

638.  Exemption. 

639.  Rules  and  regulations. 


§  631.  Creation  and  Maintenance,  [911.6]  In  any  city  of  the 
first  class  in  the  state  of  Kansas  there  may  be  created  by  the 
board  of  education  of  such  city  a  public-school  teachers'  retire- 
ment fund,  which  fund,  when  created,  and  the  management 
and  disbursement  thereof,  shall  be  under  the  control  of  the 
board  of  education  of  such  city.  Such  retirement  fund  shall 
be  created  and  maintained  in  the  following  manner:  First, 
by  an  assessment  of  not  less  than  one  per  cent  nor  more  than 
one  and  one-half  per  cent  of  every  installment  of  salary  paid 
to  a  teacher  employed  in  such  city ;  second,  by  the  setting  aside 
from  the  general  fund  for  the  support  of  the  schools  in  such 
city,  of  an  amount  which  shall  be  not  less  than  one  and  one- 
half  times  the  amount  of  salary  assessments,  and  not  less  than 
the  amount  necessary  to  meet  the  payments  herein  provided 
for ;  third,  by  the  receipt,  by  the  gift  or  otherwise  of  any  real, 
personal  or  mixed  property  or  any  interest  therein.  (Laws 
1911,  ch.  280,  sec.  1.) 

§  632.  Disbursement.  [9117]  Such  a  retirement  fund 
when  thus  created  and  maintained,  or  so  much  thereof  as  shall 
be  necessary,  shall  be  disbursed  in  the  manner  hereinafter  set 
forth ;  and  any  surplus  of  fund  not  needed  for  immediate  dis- 
bursement may  be  invested  by  the  board  of  education  of  such 
city,  acting  as  trustees  of  such  fund,  in  any  bonds  approved 
by  the  State  School-fund  Commission.  (Laws  1911,  ch.  280, 
sec.  2.) 

§  633.  Retirement  with  Thirty  Years'  Experience.  [9118] 
Any  teacher  who  has  been  credited  under  the  rules  and  regula- 
tions of  such  board  of  education  with  an  aggregate  of  thirty 
years  of  teaching  experience  may  be  retired  by  such  board  of 
education.  Any  teacher  so  retired  under  the  foregoing  pro- 
visions of  this  section,  provided  that  at  least  fifteen  years  of 
such  accredited  teaching  experience  shall  have  been  in  the 
public  schools  of  such  cities  of  the  first  class,  shall  be  entitled 
to  receive  from  such  retirement  fund,  so  long  as  such  teacher 
may  live,  equal  monthly  payments,  which  shall  aggregate  $500 
per  annum:  Provided,  however,  That  no  one  shall  receive  such 
pension  without  paying  into  the  fund  therefor,  by  way  of  as- 
sessment or  otherwise,  not  less  than  one-half  of  the  amount  of 
the  first  annual  pension  to  which  such  person  shall  be  entitled. 
And  in  order  to  make  up  such  one-half  the  board  of  education 
may  provide  for  any  deficiency  by  deducting  the  necessary 


CH.    28]  RETIREMENT   FUND.  215 

amount  from  the  first  year's  pension  payments  in  equal 
amounts  each  month.  (Laws  1911,  ch.  280,  sec.  3.) 

§  634.    Retirement  on  Account  of  Disability  or  Incapacity. 

[9119]  Any  teacher  who  has  been  credited  under  the  rules 
and  regulations  of  such  board  of  education  with  an  aggregate 
of  twenty-five  or  more  years  of  teaching  experience  may  be 
retired  by  such  board  of  education  on  account  of  disability  or 
incapacity,  physical  or  otherwise.  Any  teacher  so  retired,  pro- 
vided that  at  least  fifteen  years  of  such  accredited  teaching 
experience  shall  have  been  in  the  public  schools  of  cities  of  the 
first  class,  shall  be  entitled  to  receive  from  such  retirement 
fund,  during  the  period  of  retirement,  monthly  installments, 
the  annual  aggregate  of  which  shall  be  such  percentage  of  $500 
as  the  number  of  years  of  such  accredited  teaching  experience 
of  the  beneficiary  shall  bear  to  the  term  of  thirty  years.  Any 
teacher  so  retired  may,  at  the  discretion  of  the  board  of  educa- 
tion, should  such  teacher's  incapacity  or  disability  be  removed, 
be  reinstated  as  a  teacher,  and  any  right  to  any  payment  from 
this  fund  until  such  teacher  again  be  retired  shall  cease  with 
such  reinstatement.  And  shall  any  teacher  be  so  reinstated  the 
years  of  such  retirement  shall  be  included  in  arriving  at  the 
term  of  service  when  such  teacher  may  again  be  retired,  but 
no  credit  for  such  years  of  retirement  shall  be  given  in  .arriv- 
ing at  the  amount  such  teacher  shall  be  entitled  to  receive  from 
the  retirement  fund.  (Laws  1911,  ch.  280,  sec.  4.) 

§635.  Refund  or  Transfer  of  Funds.  [9120]  If  at  any  time 
a  teacher  who  is  willing  to  continue  is  not  reemployed  or  is 
discharged  before  the  time  when  he  or  she  would  under  the 
provisions  of  this  act  be  entitled  to  a  pension,  then  such  teacher 
shall  be  paid  back  at  once  the  money  he  or  she  may  have  con- 
tributed under  this  act.  Should  a  teacher  duly  accredited  in 
a  city  of  the  first  class  accept  service  in  the  public  schools  of 
of  any  other  city  of  the  first  class,  a  sum  equivalent  to  all  pay- 
ments made  by  such  teacher  into  the  retirement  fund  shall 
be  transferred  to  the  retirement  fund  of  the  city  in  which  such 
service  is  accepted.  Any  teacher  who  shall  retire  voluntarily 
from  the  service  shall  receive  a  refund  of  one-half  of  the 
money  he  or  she  shall  have  contributed  under  this  act.  And 
should  any  teacher  die  before  receiving  any  of  the  benefits  or 
pensions  by  this  act  provided  the  board  of  education  shall  pay 
to  such  teacher's  heirs  or  estate  one-half  of  the  amount,  with- 
out interest,  which  shall  have  been  paid  into  such  pension 
fund  by  said  teacher.  (Laws  1911,  ch.  280,  sec.  5.) 

§  636.  Term  "Teacher"  Defined.  [9121]  In  construing  this 
act,  the  word  "teacher"  shall  include  all  members  of  the  teach- 
ing staff  employed  by  the  board  of  education  of  such  city, 
which  shall  include  superintendents,  supervisors,  and  assistants 
to  the  superintendent  of  instruction,  principals,  and  teachers. 
(Laws  1911,  ch.  280,  sec.  6.) 


216  RETIREMENT   FUND.  [CH.    28 

§  637.  Duty  of  Treasurer.  [9122]  It  is  hereby  made  the 
duty  of  the  treasurer  of  such  city  to  keep  any  fund  arising 
under  the  provisions  of  this  act  as  a  separate  fund,  and  to  dis- 
burse the  same  in  accordance  with  the  instructions  and  orders 
of  the  board  of  education  of  such  city.  (Laws  1911,  ch.  280, 
sec.  7.) 

§  638.  Exemption.  [9123]  After  said  retirement  fund  shall 
be  created  by  said  board  of  education  of  such  city,  the  salary 
of  any  teacher  regularly  employed  by  such  city  shall  be  ex- 
empt from  the  provisions  of  this  act,  provided  such  teacher 
shall  make  a  request  in  writing  for  such  exemption  and  file  the 
same  with  the  board  of  education  of  such  city  within  one  month 
after  such  teacher  shall  enter  upon  such  regular  employment  as 
a  teacher,  and  such  request,  when  filed  with  the  board  of  educa- 
tion of  such  city,  shall  constitute  a  waiver  and  a  bar  to  the 
receipt  of  any  benefits  from  the  retirement  fund  herein  pro- 
vided for.  (Laws  1911,  ch.  280,  sec.  8.) 

§  639.  Rules  and  Regulations.  [9124]  The  board  of  educa- 
tion shall  have  power  to  adopt  rules  and  regulations  for  the 
carrying  out  of  the  purposes  of  this  act  not  in  conflict  there- 
with. (Laws  1911,  ch.  280,  sec.  9.) 


CH.  29] 


SCHOOL-FUND   COMMISSIONERS. 


217 


CHAPTER  XXIX.— School-fund  Commissioners. 


State  and  county  superintendent  to 
give  notice  of  unclaimed  estates. 

Probate  judge  to   give  notice. 

County  attorney  to  investigate. 

Expense  of  inquiry. 

Unlawful  to  act  as  private  attorney. 

Duty  of  attorney-general. 

All  bonds  belonging  to  state  perma- 
nent school  fund  shall  be  consoli- 
dated. 

Consolidated  bonds  shall  be  regis- 
tered. 

Registration  of  bonds  belonging  to 
school  fund. 

Registration  of  bonds  purchased. 

State  treasurer's  statement  to  state 
auditor. 

Cancellation  of  bonds  paid. 

Comparison  of  registers  kept  by 
auditor  and  treasurer. 

Penalty  for  delinquency  of  state 
treasurer. 

Exchange  of  bonds. 

How  funding  bonds  are  to  be 
stamped. 

.Record  of  proceedings. 


§640.   Board   of   school-fund   commissioners,    I    §659. 
how  composed  and  organized. 

641.  Meetings.  660. 

642.  Record  of  school-fund  commissioners,    j      661. 

643.  Register  of  bonds  offered  and  bought.    I      662. 

644.  Investment  of  funds.  663. 

645.  Quorum.  664. 

646.  Record  of  the  condition  of  funds.  665. 

647.  Where  the  records  shall  be  kept. 

648.  Orders  to  be  drawn   in  payment  for 

bonds  purchased.  666. 

649.  The     state     treasurer     shall    be     cus- 

todian. 667. 

650.  Separate  accounts. 

651.  The  commissioners  shall  collect  mon-          668. 

eys  due  different  funds.  669. 

652.  Must  offer  bonds  to  commission. 

653.  May  purchase  at  lower  interest.  670. 

654.  Office  of  loan  commissioner  of  State          671. 

Agricultural  College  abolished. 

655.  Compensation  of  board.  672. 

656.  Where  person  dies  without  heir  and 

will,     county    superintendent    may          673. 

file  petition  in  probate  court.  674. 

h37.  Probate  court  to  order  sale  of  estate 

described  in  petition.  075. 

<>58.  Proceeds  of  sale  paid  through  county 

treasurer      into      state     permanent 

school  fund. 

§  640.  School-fund*  Commissioners.  [10873]  The  state 
superintendent  of  public  instruction,  secretary  of  state  and  at- 
torney-general shall  constitute  a  board  of  commissioners  for 
the  management  and  investment  of  the  state  permanent  school, 
State  Normal  School  and  State  University  funds.  Such  board 
shall  be  organized  as  follows :  The  secretary  of  state  shall  be 
the  president  of  such  board,  and  the  state  superintendent  of 
public  instruction  shall  be  the  secretary  thereof.  In  the  ab- 
sence of  either  of  said  officers,  the  attorney-general  shall  act  as 
president,  or  as  secretary,  as  the  case  may  require.  Such 
commissioners,  when  acting  as  such,  must  act  personally.  No 
member  thereof  can  be  represented  in  such  board  by  any  as- 
sistant or  clerk  in  the  office  of  which  such  member  is  the  chief 
officer.  (Laws  1879,  ch.  166,  sec.  113.) 

§  641.  Meetings.  [10874]  Such  board  of  commissioners 
shall  meet  regularly  in  the  office  of  the  state  superintendent  of 
public  instruction,  on  the  last  Saturday  of  each  month,  at  ten 
o'clock  a.  m.  Special  meeings  of  the  board  may  be  held  at  any 
time  at  the  call  of  any  member.  (Laws  1879,  ch.  166,  sec.  114.) 

§  642.  Records.  [10875]  Said  commissioners  shall  keep  in 
a  suitable  book  a  full  and  correct  record  of  all  their  proceed- 
ings at  every  session  of  the  board,  which  shall  include  all 
of  the  matters  required  to  be  recorded  as  hereinafter  specified 
in  this  act,  and  which  record,  at  the  close  of  each  session,  shall 
'be  signed  by  the  president  and  secretary.  (Laws  1905,  ch. 
472,  sec.  1.) 


218  SCHOOL-FUND   COMMISSIONERS.  [CH.   29 

§643.  Register  of  Bonds  Offered  and  Bought.  [10876] 
They  shall  also  keep  such  other  books  as  may  be  necessary  to 
properly  register  and  describe  all  bonds  offered  to  them  and 
all  bonds  bought  by  them  for  the  benefit  of  the  permanent 
school,  State  Agricultural,  State  Normal  and  State  University 
funds,  or  either.  Such  record-books  shall  be  ruled  so  as  to  en- 
able the  board  to  register  the  name  and  residence  of  the  person 
offering  to  sell  any  such  bonds,  the  price  at  which  bonds  were 
offered,  the  name  and  residence  or  location  of  the  owner  or 
municipal  corporation  for  whom  such  offer  is  made,  and  a  full 
detailed  description  of  every  bond  so  offered,  including  the 
date,  number,  series,  amount  and  rate  of  interest  of  each  bond, 
and  when  the  interest  and  principal,  respectively,  are  payable, 
and  the  date,  amount  and  number  of  each  coupon,  and  when 
payable,  the  name,  residence  and  post-office  address  of  the 
owner,  the  name,  residence  and  post-office  address  of  the  agent 
or  attorney  representing  the  owner  of  such  bonds,  what  dis- 
position the  owner  of  the  bonds  claims  has  been  made  of  the 
missing  coupons,  if  any;  and  upon  the  presentation  of  any 
bond  or  bonds  for  the  purchase  by  the  School-fund  Commis- 
sion, such  bond  or  bonds,  together  with  the  record  of  the  pro- 
ceedings connected  with  the  issuance  of  such  bond  or  bonds, 
shall  first  be  submitted  to  the  attorney-general  for  his  opinion 
as  to  the  validity  thereof.  It  shall  be  the  duty  of  the  attorney- 
general  to  immediately  examine  such  bond  or  bonds  and  pro- 
ceedings, and  report  thereon  in  writing  to  the  School-fund 
Commission  as  to  their  validity.  Upon  receipt  of  such  opinion, 
and  before  the  board  shall  act  upon  the  question  of  purchasing 
such  bond  or  bonds,  if  the  attorney-general  approves  them  as 
valid,  then  the  record  hereinbefore  provided  for  shall  be  made, 
and  such  record  shall  include  the  opinion  of  the  attorney-gen- 
eral as  to  the  validity  thereof.  (Laws  1905,  ch.  472,  sec.  2.) 

§  644.  Investment  of  Funds.  [10877]  Said  board  of  com- 
missioners shall  have  the  power,  and  it  is  hereby  made  their 
duty,  from  time  to  time,  to  invest  any  moneys  belonging  to  the 
permanent  school  fund,  State  Agricultural  College,  State 
Normal  and  State  University  funds  in  the  bonds  of  the  United 
States,  or  bonds  of  the  state  of  Kansas,  or  bonds  of  any  mu- 
nicipality of  the  state  of  Kansas,  school-district  bonds,  bonds 
of  boards  of  education,  and  in  the  warrants  issued  by  the  audi- 
tor of  state  on  the  state  treasurer  and  by  him  stamped  "Not 
paid  for  want  of  funds."  In  making  such  investment,  they 
shall  not  pay  for  any  such  bonds  or  warrants  any  greater  sum 
than  par,  nor  more  than  the  actual  market  price  thereof  at  the 
time  of  purchasing  the  same,  less  than  par ;  and  whenever  any 
municipality  of  the  state  of  Kansas  shall  offer  its  bonds  for  sale 
the  state  school-fund  commissioners  shall  have  the  power  to 
buy  the  same,  if  the  validity  thereof  shall  have  been  approved 
by  the  attorney-general :  Provided,  That  the  commissioners 


CH.   29]  SCHOOL-FUND   COMMISSIONERS.  219 

shall  not  invest  in  any  other  bonds  which,  together  with  other 
outstanding  bonded  indebtedness,  shall  exceed  fifteen  per  cent 
of  the  assessed  valuation  of  said  municipality  as  returned  and 
fixed  by  such  municipality.  (Laws  1905,  ch.  472,  sec.  3.) 

§  645.  Quorum.  [10878]  Any  two  members  of  said  board 
shall  constitute  a  quorum.  But  such  board  shall  not  purchase 
any  school-district  bond  or  bonds  except  at  a  legal  session 
thereof,  nor  unless  every  member  of  the  board  is  notified  in 
-time  to  be  present  at  such  meeting,  and  notified  also  that  the 
question  of  purchasing  such  bonds  is  to  be  considered  thereat, 
designating  the  bonds.  (Laws  1879,  ch.  166,  sec.  118.) 

§  646.  Record  of  Funds.  [10879]  Said  commissioners  shall 
keep  a  record  showing  a  detailed  statement  of  the  condition  of 
the  state  permanent  school  fund,  State  Agricultural,  State  Nor- 
mal and  State  University  funds  under  their  control,  amount 
of  each  fund,  how  invested,  when  due,  interest  paid,  and  every 
other  act  in  any  manner  connected  with  the  management  and 
investment  of  said  funds;  and  the  state  superintendent  of 
public  instruction  shall  biennially  report  all  such  investments 
to  the  governor,  to  be  laid  before  the  legislature,  and  shall  also 
cause  to  be  published  at  the  end  of  each  quarter  of  the  calendar 
year,  in  the  official  state  paper,  a  statement  of  the  amount  of 
each  of  such  funds  then  on  hand,  the  amount  of  each  fund  in- 
vested during  this  quarter,  and  a  full  description  of  the  said 
bonds  bought  for  each  fund,  date  of  such  bonds,  amount,  rate  of 
interest,  when  payable,  number  of  coupons  attached  when 
bought,  from  whom  purchased,  and  the  price  or  rate  paid  there- 
for. (Laws  1905,  ch.  472,  sec.  4.) 

§  647.  Where  Records  Shall  be  Kept.  [10880]  All  the 
record-books  and  records  of  such  board  shall  be  kept  in  the 
office  of  the  state  superintendent  of  public  instruction,  but  the 
same  shall  be  open  during  office  hours  for  the  inspection  of 
every  citizen  of  the  state  of  Kansas.  (Laws  1905,  ch.  472, 
sec.  5.) 

§  648.  Orders  Drawn.  [10881]  In  the  investment  of  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  the  commissioners  are  hereby  author- 
ized to  draw  their  orders  on  the  state  treasurer,  payable  out  of 
the  fund  invested,  for  the  purchase-price  of  the  bond,  bonds, 
or  warrants,  which  orders,  previous  to  their  delivery,  shall  be 
registered  in  the  state  treasurer's  office  in  a  book  provided  for 
that  purpose.  Such  orders  shall  not  be  drawn  until  the  bonds 
purchased  for  which  the  order  is  drawn  shall  have  been  de- 
livered to  the  state  auditor  for  record  and  stamped  as  herein 
provided.  Immediately  upon  the  receipt  of  such  bonds,  the 
state  auditor  shall  cause  each  bond  and  coupon  to  be  plainly 
stamped  upon  the  back  thereof,  "Property  of  the  state  - 
fund,  nonnegotiable  and  nontransferable,"  with  the  name  of 


220  SCHOOL-FUND   COMMISSIONERS.  [CH.    29 

the  fund  for  which  such  bond  is  purchased.  He  will  also  cause 
to  be  made  in  a  book  kept  for  that  purpose  a  record  of  each  of 
such  bonds  and  each  coupon  thereto  attached,  which  record 
shall  show  amount,  date  and  rate  of  interest  of  such  bond, 
when  and  where  payable,  the  date,  amount  and  number  of 
each  coupon  and  when  payable.  Whenever  any  bond  or  coupon 
shall  have  been  paid,  and  one  of  the  duplicate  receipts  there- 
for, issued  by  the  state  treasurer,  shall  have  been  received  by 
the  auditor  of  state,  he  shall  credit  such  bond  or  coupon  and 
charge  the  state  treasurer  with  the  amount  so  received.  Semi- 
annually,  on  the  1st  day  of  March  and  September  of  each'  year, 
the  state  auditor  shall  compare  said  record  with  the  similar 
record  herewith  required  to  be  kept  by  the  state  treasurer  and 
verify  the  same.  (Laws  1905,  ch.  472,  sec.  6.) 

§  649.  State  Treasurer  Shall  be  Custodian.  [10882]  All 
moneys  belonging  to  the  state  permanent  school,  State  Agri- 
cultural, State  Normal  and  State  University  funds  shall  be 
paid  to  and  held  by  the  state  treasurer,  and  shall  be  subject  to 
the  order  of  the  Board  of  School-fund  Commissioners.  The 
state  treasurer  shall  also  be  the  custodian  of  all  bonds,  notes, 
mortgages  and  evidences  of  debt  arising  out  of  the  manage- 
ment and  investment  of  the  state  permanent  school,  State 
Agricultural,  State  Normal  and  State  University  funds  by  said 
board  of  commissioners.  Immediately  upon  the  receipt  by  the 
state  treasurer  from  the  auditor  of  state  of  any  bond,  coupon 
or  warrant  stamped  as  herein  required  and  purchased  by  the 
State  School-fund  [Commissioners]  for  any  of  the  said  funds, 
it  shall  be  the  duty  of  the  state  treasurer  to  immediately  cause 
to  be  recorded,  in  a  book  to  be  kept  for  that  purpose,  a  detailed 
description  of  such  bond,  coupon,  or  warrant,  showing  the 
date  thereof,  amount,  when  payable,  rate  of  interest,  number, 
by  whom  issued,  where  payable,  and  shall  give  to  the  auditor 
of  state  his  receipt  therefor.  Whenever  any  such  bond,  coupon 
or  warrant  is  paid,  the  state  treasurer  shall  credit  upon  such 
record  the  amount  of  such  payment  and  charge  himself  writh 
the  money,  and  shall  issue  his  receipt  for  said  sum  in  dupli- 
cate, one  copy  of  which  shall  be  transmitted  to  the  auditor  of 
state.  (Laws  1905,  ch.  472,  sec.  7.) 

§  650.  Separate  Account.  [9275]  He  shall  keep  in  a  sepa- 
rate book  an  account  of  all  school  moneys  received  by  him,  dis- 
tinguishing between  the  perpetual  fund  and  the  annual  fund 
for  disbursement,  and  shall  report  to  the  state  superintendent 
on  the  1st  day  of  February  and  1st  day  of  August  of  each  year 
the  amount  of  money  in  his  hands  belonging  to  the  permanent 
school  fund  and  subject  to  investments,  and  on  the  1st  day  of 
March  and  on  the  25th  day  of  July  of  each  year  the  state 
treasurer  shall  report  to  the  superintendent  of  public  instruc- 
tion the  amount  of  money  in  the  treasury  belonging  to  the  an- 


CM.   29]  SCHOOL-FUND   COMMISSIONERS.  221 

nual  school  fund  and  subject  to  disbursement  on  the  semi- 
annual dividends.  (Laws  1876,  ch.  122,  art.  16,  sec.  3.) 

§051.  Collection  of  Moneys.  [10883]  It  shall  be  the  duty  of 
said  board  of  commissioners,  from  time  to  time,  as  soon  as 
may  be  practicable,  to  collect  all  moneys  due  and  owing  to  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  and  make  investments  of  the  same 
as  herein  required.  If  any  such  moneys  shall  remain  unpaid 
for  thirty  days  after  the  same  become  due  and  payable,  the 
commissioners  shall  notify  the  attorney-general  of  that  fact, 
and  it  shall  then  be  his  duty  to  then  proceed  to  collect  the  same 
by  civil  action,  to  be  brought  and  prosecuted  in  the  name  of  the 
state.  (Laws  1905,  ch.  472,  sec.  8.) 

§  652.  Must  Offer  Bonds  to  Board.  [10884]  That  the  sev- 
eral municipal  officers  who  have  charge  of  the  sale  of  any 
bonds  hereafter  to  be  issued,  which  the  board  of  commissioners 
of  the  state  permanent  school  fund  are  authorized  to  purchase 
under  the  law,  are  hereby  directed  to  sell  such  bonds  to  said 
board  of  commissioners  of  the  state  permanent  school  fund, 
if  it  will  pay  par  for  the  same;  and  it  shall  be  unlawful  for 
any  such  municipal  boards,  members  thereof  or  other  mu- 
nicipal officers  to  sell  any  such  bonds  without  having  first 
offered  such  bonds  to  said  board  of  commissioners  of  the  state 
permanent  school  fund ;  and  every  municipal  board  or  member 
thereof,  or  other  municipal  officer,  who  shall  sell  any  such 
bonds  to  any  other  person  at  any  price,  without  having  first 
given  the  board  of  commissioners  of  the  state  permanent 
school  fund  an  opportunity  to  purchase  same,  as  hereinbefore 
provided,  and  every  other  officer  violating  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months, 
and  shall  forfeit  his  office.  (Laws  1905,  ch.  472,  sec.  9.) 

§653.  May  Purchase  at  Lower  Interest.  [10885]  Said 
School-fund  Commissioners  may  in  their  discretion  agree  with 
the  parties  offering  bonds  to  take  such  bonds  at  par  at  a  lower 
rate  of  interest  than  the  interest  stipulated  in  the  bonds  and 
coupons  thereto  attached.  In  case  any  such  bonds  so  pur- 
chased by  said  board  of  commissioners  provide  for  a  higher 
rate  of  interest  than  the  rate  of  interest  at  which  they  are 
purchased  by  said  board,  the  rate  at  which  they  are  purchased 
shall  be  distinctly  noted  upon  such  bonds  and  the  coupons 
thereto  attached,  and  the  amount  of  such  coupons  shall  be  re- 
duced accordingly,  and  the  same  notation  shall  be  made  on  the 
record  of  such  bonds  kept  in  the  office  of  such  board.  (Laws 
1905,  ch.  472,  sec.  10.) 

§  654.  Office  of  Loan  Commissioner  Abolished.  [10886  and 
10887]  The  loan  commissioner  for  the  board  of  regents  of  the 


SCHOOL-FUND   COMMISSIONERS.  [CH.    29 

State  Agricultural  College  shall,  immediately  upon  the  taking 
effect  of  this  act,  deliver  to  the  state  treasurer  all  moneys,  evi- 
dences of  indebtedness,  securities,  books  and  records  belonging 
or  appertaining  to  the  State  Agricultural  College  fund,  and 
shall  take  the  receipt  of  the  treasurer  therefor.  All  moneys 
belonging  to  said  funds  and  so  delivered  to  the  state  treasurer 
shall  become  subject  to  the  provisions  of  this  act.  It  shall  be 
the  duty  of  the  said  board  of  regents  and  the  state  accountant, 
immediately  upon  the  taking  effect  of  this  act,  to  make  final 
settlement  with  the  loan  commissioner,  to  close  the  accounts 
thereof  with  said  loan  commissioner,  and  the  office  of  said 
loan  commissioner  is  hereby  abolished.  (Laws  1905,  ch.  472, 
sec.  11.) 

§  655.  Compensation.  [9242]  Said  board  of  commissioners 
shall  receive  such  pay  for  their  services  as  may  be  prescribed 
by  law.  (Laws  1876,  ch.  122,  art.  15,  sec.  6.) 

§  656.  Unclaimed  Estates.  [9244]  In  all  cases  where  per- 
sons die  without  heirs  and  intestate,  it  shall  be  lawful  for  the 
superintendent  of  public  instruction  of  the  county  where  any 
land  lies,  belonging  to  the  estate  of  such  person  dying  without 
heir  and  will,  after  a  lapse  of  three  years  from  the  date  of  let- 
ters of  administration  upon  such  estate,  to  file  a  petition  in  the 
probate  court  of  the  county  granting  such  letters,  setting  forth 
in  said  petition  (1)  that  such  deceased  person  died  without 
heirs,  and  intestate;  (2)  that  three  years  have  elapsed  since  the 
date  of  letters  of  administration;  (3)  a  description  of  the  real 
estate;  (4)  that  no  debts  remain  unpaid  of  this  estate  not 
barred  by  the  statute  of  limitation.  Such  petition  shall  be  veri- 
fied by  the  affidavit  of  the  county  superintendent  of  public  in- 
struction, or  by  some  person  who  has  knowledge  of  the  fact. 
(Laws  1876,  ch.  122,  art.  15,  sec.  8.) 

§  657.  Sale  of  Real  Estate.  [9245]  It  shall  be  the  duty  of 
the  probate  court,  on  the  filing  of  the  petition  mentioned  in 
the  preceding  section,  and  being  satisfied  that  the  facts  stated 
in  said  petition  are  true,  to  issue  an  order  to  the  administrator 
to  sell  the  real  estate  described  in  such  petition,  in  the  same 
manner  as  real  estate  is  sold  by  administrators  for  the  pay- 
ment of  debts  due  from  deceased  persons;  and  the  same  pro- 
ceedings shall  be  had  in  confirming  the  sale  and  the  execution 
of  the  deed  by  the  administrator  as  are  provided  by  law  for  the 
sale  of  real  estate  for  the  payment  of  the  debts  of  any  de- 
ceased person.  (Laws  1876,  ch.  122,  art.  15,  sec.  9.) 

§  658.  Proceeds  of  Sale.  [9246]  It  shall  be  the  duty  of  the 
administrator,  after  the  payment  of  the  costs  of  said  petition 
and  making  said  sale  and  six  per  cent  commission  to  such  ad- 
ministrator, to  pay  the  county  treasurer  of  the  county  where 
the  land  is  situated  the  remainder  of  the  purchase  money  for 
the  benefit  of  the  common  schools  of  the  state,  and  shall  take 


CH.   29]  SCHOOL-FUND   COMMISSIONERS.  223 

duplicate  receipts  therefor ;  and  it  shall  be  his  duty  to  file  one 
of  such  duplicates  with  the  probate  court  o£  the  proper  county. 
If,  at  any  time  within  twenty-one  years  after  the  date  of  pay- 
ment of  said  money  to  the  county  treasurer,  any  person  shall 
appear  and  claim  said  money  as  the  rightful  heir  to  said  estate, 
and  shall  prove  heirship  satisfactory  to  the  probate  court,  the 
judge  of  said  court  shall  so  certify,  and  the  state  treasurer 
shall  pay  over  to  such  claimant  the  sum  so  received  from  the 
county  treasurer  from  such  estate.  (Laws  1876,  ch.  122,  art. 
15,  sec.  10.) 

§  659.  State  and  County  Superintendents  to  Give  Notice  of 
Unclaimed  Estates.  [9247]  That  it  shall  be  the  duty  of  the 
state  superintendent  of  public  instruction  and  the  county  su- 
perintendent of  public  instruction  whenever  they,  or  either  of 
them,  have  notice  or  knowledge  of  the  existence  of  an  estate 
of  a  person  who  has  died  without  heir  or  bona  fide  will  to  notify 
the  county  attorney  of  the  county  in  which  the  estate  or  any 
part  of  it  is  located,  and  to  notify  the  attorney-general  in  like 
manner.  (Laws  1913,  ch.  273,  sec.  1.) 

§  660.  Probate  Judge  to  Give  Notice.  [9248]  Whenever  it 
shall  come  to  the  notice  of  the  probate  judge  that  an  estate  of  a 
deceased  person  is  being  administered  under  the  supervision  of 
his  court,  and  the  heirs  or  devisees,  or  pretended  heirs  or  pre- 
tended devisees,  are  unknown  to  the  probate  judge,  it  shall  be 
the  duty  of  such  probate  judge  to  notify  the  county  attorney  of 
the  fact  of  such  administration  and  to  notify  the  attorney-gen- 
eral in  like  manner.  (Laws  1913,  ch.  273,  sec.  2.) 

§  661.  County  Attorney  to  Investigate.  [9249-]  Whenever 
it  shall  come  to  the  notice  of  the  county  attorney  that  there 
exists  in  his  county  the  estate  of  a  person  who  has  died  without 
heir  or  will,  it  shall  be  his  duty  to  investigate  and  closely 
scrutinize  the  claims  of  such  claimants,  and  to  prevent  the 
spoliation  of  such  estates  by  fraudulent  claimants,  and  to  con- 
serve and  secure  all  such  estates  for  the  benefit  of  the  school 
fund  where  the  claimants  are  not  entitled  thereto.  (Laws 
1913,  ch.  273,  sec.  3.) 

§  662.  Expense  of  Inquiry.  [9250]  Whenever  in  the  opinion 
of  the  probate  judge  the  interests  of  the  school  fund  so  re- 
quire, the  probate  court  may  make  an  allowance  out  of  the 
estate  to  defray  the  reasonable  expenses  of  the  county  attor- 
ney in  making  inquiries  and  in  the  examination  of  witnesses 
touching  the  rights  of  claimants  to  the  estate  of  any  such  de- 
ceased person;  but  no  expense  to  the  estate  shall  be  incurred 
under  the  provisions  of  this  act  where  there  are  one  or  more 
heirs  or  devisees  residing  in  the  county,  or  where  any  one  or 
more  of  the  heirs  or  devisees  are  personally  known  to  the  pro- 
bate judge.  (Laws  1913,  ch.  273,  sec.  4.) 

§  663.  Unlawful  to  Act  as  Private  Attorney.  [9251]  It 
shall  be  unlawful  for  either  the  attorney-general  or  county 


224  SCHOOL-FUND   COMMISSIONERS.  [CH.    29 

attorney  to  be  employed  as  a  private  attorney  in  behalf  of  any 
pretended  heir  or  devisee  not  residing  in  the  county  where 
the  estate  is  located  in  any  matter  or  proceeding  before  the 
probate  court  or  where  the  rights  of  such  pretended  heir  or 
devisee  may  be  affected  by  the  judgment  or  opinion  of  any 
court  thereon.  (Laws  1913,  ch.  273,  sec.  5.) 

§  664.  Duty  of  Attorney-general.  [9252]  It  shall  be  the 
duty  of  the  attorney-general  to  see  that  this  act  is  enforced 
and  obeyed,  and  whenever  in  his  opinion,  or  in  the  opinion 
of  the  governor,  the  public  interests  require  it,  the  attorney- 
general  may  supersede  the  county  attorney  and  perform  his 
duties  in  the  prosecution  or  defense  of  the  interests  of  the 
school  fund  under  this  act.  (Laws  1913,  ch.  273,  sec.  6.) 

§  665.  Consolidation  of  Bonds.  [9253]  It  is  hereby  made 
the  duty  of  the  School-fund  Commissioners  to  consolidate  all 
state  bonds  now  belonging  to  or  hereafter  coming  into  pos- 
session of  the  permanent  school  fund,  in  the  following  man- 
ner, to  wit :  All  bonds  falling  due  on  the  same  date  and  bear- 
ing the  same  rate  of  interest  shall  be  consolidated  into  one 
bond,  of  equal  amount  to  the  bonds  so  consolidated;  and  cou- 
pons of  interest  shall  be  attached  thereto,  of  equal  amount  to 
the  consolidated  coupons,  and  payable  in  the  same  manner  as 
the  coupons  of  the  bonds  so  consolidated ;  such  consolidated 
bonds  shall  be  made  out  by  the  auditor  of  state,  signed  by  the 
governor,  and  attested  by  the  secretary  of  state,  and  shall  be 
made  payable  to  the  permanent  school  fund  of  the  state  of 
Kansas,  and  shall  have  imprinted  on  their  face  the  words, 
"Not  transferable."  All  bonds  presented  by  the  School-fund 
Commissioners  shall,  in  their  presence,  be  canceled  and  de- 
stroyed by  the  auditor  of  state,  after  a  consolidated  bond  shall 
have  been  issued  for  the  same.  (Laws  1876,  ch.  122,  art.  15, 
sec.  11.) 

§  666.  Registry  of  Consolidated  Bonds.  [9254]  All  consoli- 
dated bonds  shall  be  registered  by  the  auditor  as  other  state 
bonds  now  are  registered.  (Laws  1876,  ch.  122,  art.  15, 
sec.  12.) 

§  667.  Registration  of  Bonds  Belonging  to  School  Fund. 
[9260]  Immediately  after  the  passage  of  this  act,  it  shall  be 
the  duty  of  the  auditor  of  state  to  prepare  a  register  of  all 
bonds  belonging  to  the  permanent  school  fund.  (Laws  1877, 
ch..!72,  sec.  1.) 

§  668.  Registration  of  Bonds  Purchased.  [9261]  That  it 
shall  hereafter  be  the  duty  of  the  commissioners  of  the  per- 
manent school  fund  to  present  to  the  auditor  of  state  all  bonds 
which  may  hereafter  be  purchased  by  them  prior  to  the  de- 
posit of  the  same  with  the  state  treasurer,  and  it  shall  be  the 
duty  of  the  auditor  to  register  all  bonds  so  presented.  (Laws 
1877,  ch.  172,  sec.  2.) 


CM.    29]  SCHOOL-FUND   COMMISSIONERS.  225 

§  669.  Treasurer's  Statement.  [9262]  That  it  shall  be  the 
duty  of  the  state  treasurer,  immediately  after  collecting  any 
interest  on  such  bonds  or  the  principal  of  the  same,  to  file 
with  the  auditor  a  detailed  statement  or  statements  of  the 
amount  or  amounts  so  collected  stating  the  name  of  the  county, 
the  number  of  the  district,  the  number  of  the  coupons  or 
bonds  paid  by  such  district  and  the  amount  paid ;  and  the  said 
treasurer  shall  cancel  on  the  register  in  his  office  all  coupons 
and  bonds  so  paid.  (Laws  1877,  ch.  172,  sec.  4.) 

§  670.  Cancellation  of  Bonds  and  Coupons.  [9263]  That 
immediately  after  the  filing  of  such  statement  or  statements 
by  the  treasurer,  the  auditor  shall  cancel  such  coupons  or  bonds 
as  are  designated  in  said  statement  or  statements  upon  the 
register  in  his  office,  and  charge  the  treasurer  with  the 
amounts.  (Laws  1877,  ch.  172,  sec.  5.) 

§  671.  Bonds  to  be  Compared.  [9264]  That  it  shall  be  the 
duty  of  the  auditor  of  state,  on  the  first  Monday  in  August 
of  each  year,  to  compare  the  register  kept  by  him  with  the 
bonds  in  the  treasurer's  office,  and  shall  at  the  time  of  com- 
paring such  register  require  the  treasurer  to  produce  all  cou- 
pons and  bonds  remaining  unpaid  which  shall  be  compared 
with  the  register.  (Laws  1877,  ch.  172,  sec.  6.) 

§  672.  Penalty.  [9265]  That  any  state  treasurer  who  shall 
fail  or  refuse  to  comply  with  the  provisions  of  section  3  and 
section  5  of  this  act143  shall  be  deemed  guilty  of  having  con- 
verted the  same  to  his  own  use,  and  shall  upon  conviction  be 
subject  to  all  the  penalties  provided  for  in  section  56  of  chap- 
ter 102,  General  Statutes  of  the  state  of  Kansas.  (Laws  1877, 
ch.  172,  sec.  7.) 

§  673.  Exchange  of  Bonds.  [9266]  The  board  of  commis- 
sioners for  the  management  of  the  state  permanent  school  fund 
shall  have  the  power  to  exchange  any  school-district  or  board- 
of-education  bonds  belonging  to  the  permanent  school  funds 
now  in  the  state  treasury  for  other  bonds  of  the  same  district 
or  board  of  education  bearing  a  lower  rate  of  interest  and 
running  a  longer  time  than  the  bonds  exchanged,  upon  the 
application  of  the  proper  officers  of  such  school  district  or 
board  of  education :  Provided,  That  they  shall  not  receive  any 
funding  bonds  running  a  less  time  than  five  years :  And  pro- 
vided further,  That  the  rate  of  interest  on  bonds  so  accepted 
by  said  commission  shall  not  be  less  than  four  per  cent.  (Laws 
1907,  ch.  377,  sec.  1.) 

§  674.  Funding  Bonds  to  be  Stamped.  [9267]  All  bonds 
accepted  as  funding  bonds  by  the  board  of  commissioners  shall 
be  stamped  by  the  auditor  and  deposited  with  the  state  treas- 
urer, and  the  auditor  shall  charge  the  treasurer  with  the 
amount  in  the  same  manner  as  though  said  bonds  had  been 
purchased  for  cash.  (Laws  1879,  ch.  160,  sec.  5.) 

143.    Section   670  of  this  book. 

8 — School  Laws — 2728 


226  SCHOOL-FUND   COMMISSIONERS.  [CH.   29 

§  675.  Record  of  Proceedings.  [9268]  The  said  board  of 
commissioners,  after  having  examined  and  accepted  any  fund- 
ing bonds  as  contemplated  in  section  1  of  this  act,  shall  make 
a  certificate  in  duplicate,  directed  to  the  state  treasurer,  stat- 
ing that  they  have  examined  and  accepted  the  funding  bonds  of 

school  district  No. ,  of  the  county  of ,  or  board  of 

education  of  the  city  of ,  for  the  sum  of dollars, 

in  lieu  of  bonds  numbered '• —  for  like  amount  issued  by 

said  district  or  board  of  education,  now  in  the  state  treasury, 

and  belonging  to  the fund,  and  the  treasurer  of  state  is 

authorized  to  cancel  and  return  the  bonds  so  funded,  together 
with  the  coupons  attached  thereto,  and  not  matured,  to  the 
proper  officer  of  the  county,  city  or  school  district,  which  said 
certificate  shall  be  signed  by  a  majority  of  the  said  commis- 
sioners, one  of  which  shall  be  filed  with  the  auditor  of  state 
and  the  other  delivered  to  the  state  treasurer.  (Laws  1879, 
ch.  160,  sec.  3.) 


CH.  30] 


STATE  ANNUAL   SCHOOL   FUND. 


227 


CHAPTER  XXX.— State  Annual  School  Fund. 


§680.  County  treasurer,  upon  proper  ap- 
plication, shall  pay  over  moneys  to 
district  treasurer. 

681.  Each  insurance  company  doing.busi- 
ness  in  the  state  shall  annually 
pay  fifty  dollars  into  the 
annual  school  fund. 


§676.   State   annual   school  fund   shall   con- 
sist of  what. 

677.  State    treasurer    hold    annual    school 

fund  subject  to  order  of  state  su- 
perintendent. 

678.  Treasurer  shall  pay  county  treasurer 

on   order   of   state   superintendent. 

679.  County  treasurer  shall  apply  to  state 

treasurer    for    school    moneys    ap- 
portioned to  county. 

§  676.  Shall  Consist  of  What.  [9273]  The  state  annual 
school  fund  shall  consist  of  the  annual  income  derived  from  the 
interest  and  rents  of  the  perpetual  school  fund,  as  provided  in 
the  constitution  of  the  state.  (Laws  1879,  ch.  149,  sec.  4, 
March  13.) 

§677.  State  Treasurer.  [9274]  The  state  treasurer  shall 
receive  all  the  annual  income  of  the  state  appropriated  for  the 
annual  support  of  schools,  whether  derived  from  the  interest 
of  moneys  loaned,  rents  of  school  lands,  or  annual  tax,  and 
hold  the  same  subject  to  the  order  of  the  state  superintendent 
of  public  instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  2.) 

§  678.  Payment.  [9276]  He  shall  pay  over  to  the  treas- 
urer of  each  county,  on  application,  the  amount  of  school 
money  due  to  said  county,  on  order  of  the  state  superintendent 
of  public  instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  4.) 

§  679.  County  Treasurer.  [9278]  The  treasurer  of  each 
county  shall  apply  for  and  receive  of  the  state  treasurer  the 
school  moneys  apportioned  to  his  county  as  soon  as  the  same 
shall  become  payable.  (Laws  1876,  ch.  122,  art.  16,  sec.  6.) 

§  680.  Pay  to  the  District  Treasurer.  [9279]  Each  county 
treasurer  receiving  such  moneys  shall,  upon  proper  application 
of  the  district  treasurer  of  any  district,  pay  over  to  the  said 
district  treasurer  the  amount  apportioned  to  the  district  by 
the  county  superintendent.  (Laws  1876,  ch.  122,  art.  16, 
sec.  7.) 

§  681.  Insurance  Companies.  [9280]  .  .  .  Every  in- 
surance company  doing  business  in  this  state  shall,  in  addition 
to  the  fees  required  by  this  act  (chapter  93,  Laws  1871),  pay 
into  the  state  treasury,  for  the  benefit  of  the  annual  school 
fund,  the  sum  of  fifty  dollars  each  year.  (Laws  1876,  ch.  122, 
art.  16,  sec.  8.) 


228 


DEPARTMENT  OF  EDUCATION. 


[CH.    31 


CHAPTER  XXXI.— State  Department  of  Education. 


§682.  State  department  of  publi-;  instruc- 
tion constituted. 

683.  General  duties  of  state  superintend- 
ent. 

684."  Oath  and  bond. 

685.  Salary. 

686.  Assistant,    <?lerks    and    stenographers . 

687.  Appointments  restricted. 

688.  4pportionment  of  school  fund. 

689.  Draw  orders. 

690.  Official  opinions. 

691.  School  laws  and  blanks. 

692.  Visitation  and  textbooks. 

693.  Office  in  capitol. 


§694.   Copies  of  papers. 

695.  Biennial  report. 

696.  State    board    of    education;    member- 

ship;   term;    expenses;    compensa- 
tion. 

697.  Meetings  and  duties  of  board. 

698.  Secretary  of  state  board  of  education. 

699.  Accrediting    of     rural,     graded,     and 

high  schools. 

700.  Admission     of     graduates     from     ac- 

credited  high    schools   to    state    in- 
stitutions. 

701.  State  supervisors  of  public  schools. 


§  682.    State  Department  of  Public  Instruction  Constituted. 

[8867]  The  state  superintendent  of  public  instruction,  the 
State  Board  of  Education  and  the  officers  and  assistants  herein 
provided  for  shall  constitute  the  state  department  of  education. 
(Laws  1915,  ch.  296,  sec.  1.) 

§  683.  General  Duties  of  State  Superintendent.  [10765] 
The  educational  interests  of  the  state  shall  be  under  the  super- 
vision and  management  of  the  state  superintendent  of  public 
instruction,  subject  to  such  limitations  and  restrictions  as  are 
or  may  be  prescribed  by  law;  and  he  shall  have  and  exercise 
the  powers  and  perform  the  duties  prescribed  in  the  acts  relat- 
ing to  common  schools.  (Laws  1879,  ch.  166,  sec.  79.) 

§  684.  Oath  and  Bond.  [10764]  The  state  superintendent 
of  public  instruction  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  the  proper  oath  of  office,  and 
shall  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of 
$10,000,  with  two  or  more  sufficient  sureties  to  be  approved  by 
the  Executive  Council,  conditioned  that  he  shall  faithfully  per- 
form the  duties  of  his  said  office,  which  oath  and  bond  shall  be 
filed  in  the  office  of  the  secretary  of  state.  (Laws  1879,  ch.  166, 
sec.  78.) 

§  685.  Salary.  [8868]  On  and  after  the  second  Monday  in 
January,  1917,  the  salary  of  the  state  superintendent  of  public 
instruction  shall  be  three  thousand  dollars  per  annum.  (Laws 
1915,  ch.  296,  sec.  2.) 

§  686.  Assistant,  Clerks  and  Stenographers.  That  section 
4,  chapter  1,  Session  Laws  of  1917,  be  amended  to  read  as  fol- 
lows :  Sec.  4.  That  the  state  superintendent  of  public  instruc- 
tion is  hereby  authorized  to  appoint  an  assistant  state  superin- 
tendent who  shall  receive  an  annual  salary  of  twenty-two  hun- 
dred dollars ;  a  chief  clerk  who  shall  receive  an  annual  salary  of 
sixteen  hundred  and  fifty  dollars;  statistical  clerk  who  shall 
receive  an  annual  salary  of  twelve  hundred  dollars,  and  stenog- 
raphers who  shall  receive  in  the  aggregate  not  exceeding  two 
thousand  dollars  annually,  no  one  of  whom  shall  receive  more 


CH.    31]  DEPARTMENT   OF  EDUCATION.  229 

than  twelve  hundred  dollars  per  annum.  (Laws  1919,  ch. 
284,  sec.  7.) 

§  687.  Appointments  Restricted.  No  person  shall  be  ap- 
pointed to  or  employed  in  any  office,  place  or  position,  in  any  of 
the  executive  or  judicial  branches  of  the  state  government,  or 
under  any  commission,  board  or  department,  for  which  appro- 
priations are  herein  made,  who  is  related  by  blood  or  marriage 
to  the  head  or  heads,  principal  or  chief  of  such  office,  board, 
commission,  department,  or  executive  or  judicial  branch,  or 
who  is  related  by  blood  or  marriage  to  the  chief  assistant  or 
secretary  thereof.  (Laws  1919,  ch.  1,  sec.  2.) 

§  688.  Apportionment  of  School  Fund.  [10766]  Such  state 
superintendent  shall  distribute  the  income  of  the  state  school 
fund  and  the  annual  taxes  collected  by  the  state  for  the  support 
of  common  schools  to  those  counties  of  the  state  from  which 
the  proper  reports  have  been  received  by  said  state  superin- 
tendent. Such  distribution  shall  be  made  twice  in  each  year, 
as  follows :  All  such  moneys  received  up  to  the  15th  of  Febru- 
ary shall  be  distributed  between  the  15th  and  last  day  of  such 
month,  and  that  received  up  to  the  15th  day  of  August  shall  be 
distributed  between  the  15th  and  last  day  of  such  month.  The 
apportionment  to  each  county  shall  be  made  in  proportion  to 
the  number  of  children  over  the  age  of  five  years  and  under 
the  age  of  twenty-one  years  resident  therein,  as  shown  by  the 
last  annual  report  of  the  county  superintendent  to  the  state 
superintendent.  (Laws  1879,  ch.  166,  sec.  81.) 

§  689.  Draw  Orders.  [10767]  Such  superintendent  shall 
draw  his  order  on  the  state  treasurer  in  favor  of  the  county 
treasurer  of  the  counties  respectively  entitled  to  school  moneys 
for  the  amount  of  such  moneys  apportioned  to  his  county,  and 
certify  the  amount  of  such  order  to  the  state  treasurer  and 
state  auditor,  and  also  to  the  county  clerk  and  superintendent 
of  the  proper  county.  (Laws  1879,  ch.  166,  sec.  82.) 

§  690.  Official  Opinions.  [10768]  Such  superintendent 
shall,  at  the  request  of  any  county  superintendent,144  give  his 
opinion,  upon  a  written  statement  of  facts,  on  all  questions 
and  controversies  arising  out  of  the  interpretation  and  con- 
struction of  the  school  laws  in  regard  to  the  rights,  powers 
and  duties  of  school-district  boards,  school  officers,  and  county 
superintendents,  and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  such  opinion,  the  superintendent  may  sub- 
mit the  statement  of  facts  to  the  attorney-general  for  his  ad- 
vice thereon,  and  it  shall  be  the  duty  of  the  attorney-general 
forthwith  to  examine  such  statement,  and  suggest  the  proper 
decision  to  be  made  upon  such  facts.  (Laws  1879,  ch.  166, 
sec.  83.) 

144.  The  state  superintendent  is  required  by  law  to  render  an  opinion 
to  the  county  superintendent.  Such  opinions  should  always  be  sought 
through  the  county  superintendent. 


230  DEPARTMENT   OF  EDUCATION.  [CH.    31 

§  691.  School  Laws  and  Blanks.  [10769]  Such  superintend- 
ent, not  of tener  than  once  in  two  years,  may  publish  the  school 
laws  in  force,  with  such  forms,  regulations,  instructions  and 
decisions  as  he  may  judge  expedient  thereto  annexed,  and  shall 
cause  the  same  to  be  forwarded  to  the  persons  entitled  to  re- 
ceive them.  He  shall  prescribe  and  cause  to  be  prepared  all 
forms  and  blanks  necessary  in  the  details  of  the  common-school 
system,  so  as  to  secure  its  uniform  operation  throughout  the 
state ;  and  shall  cause  the  same  to  be  forwarded  to  the  several 
county  superintendents,  to  be  by  them  distributed  to  the  sev- 
eral persons  or  officers  entitled  to  receive  the  same.  (Laws 
1879,  ch.  166,  sec.  84.) 

§  692.  Visitation  and  Textbooks.  [10770]  It  shall  be  the 
duty  of  such  superintendent  to  visit  each  county  of  the  state 
at  least  once  in  two  years,  and  as  much  oftener  as  consistent 
with  the  discharge  of  his  other  duties,  for  the  purpose  of  ad- 
vancing and  promoting  the  cause  of  education  throughout  the 
state.  It  shall  be  his  duty  to  recommend  the  most  approved 
textbooks  for  the  common  schools  of  the  state,  and  to  open 
such  correspondence  as  may  enable  him  to  obtain  all  necessary 
information  relating  to  the  system  of  common  schools  in  other 
states.  (Laws  1879,  ch.  166,  sec.  85.) 

§  693.  Office  in  the  Capitol.  [10771]  Such  superintendent 
shall  have  an  office  in  the  capitol,  where  he  shall  keep  all  books 
and  papers  pertaining  to  the  duties  of  his  office ;  and  all  books, 
school  and  other,  and  all  apparatus,  maps  and  charts  now  be- 
longing to  the  office  of  the  state  superintendent,  and  such  as 
may  hereafter  be  received  for  such  office  by  purchase,  ex- 
change, or  otherwise,  shall  be  kept  and  preserved  in  such  office, 
and  delivered  by  the  superintendent  to  his  successor.  He  shall 
file  and  carefully  preserve  in  his  office  the  official  reports  made 
to  him  by  the  county  superintendents  of  the  several  counties, 
trustees  or  directors  of  academies,  graded  schools,  or  colleges. 
(Laws  1879,  ch.  166,  sec.  86.) 

§  694.  Copies  of  Papers.  [10772]  Copies  of  all  papers  filed 
in  his  office,  and  the  record  of  his  official  acts  may  be  certified 
by  him,  and  when  so  certified  shall  be  evidence  equally  and  in 
like  manner  as  the  originals.  (Laws  1879,  ch.  166,  sec.  87.) 

§  695.  Biennial  Report.  [10773]  The  superintendent  shall, 
on  the  1st  day  of  December  preceding  each  regular  session 
of  the  legislature,  make  out  and  deliver  to  the  governor  a  re- 
port containing:  (1)  A  statement  of  the  number  of  common 
schools  in  the  state,  the  number  of  scholars  attending  the 
same,  their  sex,  and  the  branches  taught;  a  statement  of  the 
number  of  private  or  select  schools  in  the  state,  so  far  as  the 
same  can  be  ascertained,  and  the  number  of  scholars  attending 
the  same,  their  sex,  and  the  branches  taught;  a  statement  of 
the  number  of  normal  schools  in  the  state,  and  the  number  of 


CH.    31]  DEPARTMENT  OF  EDUCATION.  231 

students  attending  them;  the  number  of  academies  and  col- 
leges in  the  state,  and  the  number  of  students,  and  their  sex, 
attending  them ;  and  such  other  matters  of  interest  as  he  may 
deem  expedient,  drawn  from  the  reports  of  the  county  super- 
intendents of  the  several  counties  in  the  state,  and  from  other 
reports  received  on  the  subject  of  education  from  trustees  or 
other  school  boards  within  the  state.  (2)  A  statement  of  the 
condition  of  the  common-school  fund  of  the  state,  including 
moneys,  school  lands  or  other  property  held  in  trust  by  the 
state  for  the  support  of  common  schools,  and  giving  a  full 
statement  of  the  school-land  account  of  each  county.  (3)  A 
statement  of  the  receipts  and  expenditures  for  the  year.  (4) 
A  statement  of  plans  for  the  management  and  improvement 
of  common  schools,  and  such  other  information  relating  to  the 
educational  interests  of  the  state  as  he  may  deem  important. 
(Laws  1879,  ch.  166,  sec.  88.) 

§696.  State  Board  of  Education;  Membership;  Term;  Ex- 
penses ;  Compensation.  That  section  8871  of  the  General  Stat- 
utes of  Kansas  for  1915  is  amended  to  read  as  follows:  Sec. 
8871.  That  the  State  Board  of  Education  shall  be  composed  of 
the  state  superintendent  of  public  instruction,  who  shall  be  ex 
officio  chairman;  the  chancellor  of  the  State  University;  the 
president  of  the  State  Agricultural  College;  the  president  of 
the  State  Normal  School  at  Emporia ;  the  president  of  the  State 
Manual  Training  Normal  School  at  Pittsburg ;  the  president  of 
the  Fort  Hays  Normal  School  at  Hays,  and  two  county  or  city 
superintendents  of  public  instruction;  and  a  county  superin- 
tendent of  public  instruction  to  be  appointed  by  the  governor 
on  the  first  Monday  in  April,  1919,  for  a  period  of  two  years, 
and  each  and  every  two  years  thereafter,  from  any  county  in 
which  none  of  the  foregoing  institutions  may  be  located.  Each 
member  of  the  State  Board  of  Education  shall  receive  all  neces- 
sary and  actual  traveling  expenses  incurred  in  attending  the 
meetings  of  the  board  and  in  the  discharge  of  the  duties  re- 
quired by  law,  and  in  addition  thereto  each  appointed  member 
shall  receive  as  full  compensation  the  sum  of  five  dollars  per 
day  for  each  day's  actual  service  not  exceeding  ten  days  in  any 
one  year.  (Laws  1919,  ch.  256,  sec.  1.) 

§  697.  Meetings  and  Duties  of  Board.  [8872]  The  State 
Board  of  Education  shall  meet  at  such  times  and  places  as  may 
be  determined  by  them  and  at  the  call  of  the  state  superintend- 
ent of  public  instruction.  The  board  shall  prescribe  courses  of 
study  for  the  public  schools  of  the  state,  including  the  common 
or  district  schools,  the  graded  schools,  and  the  high  schools; 
they  shall  also  prepare  a  course  of  study  for  the  normal  in- 
stitutes; and  they  shall  revise  the  several  courses  of  study 
when  in  their  judgment  such  revision  is  desirable;  they  shall 
have  authority  to  make  rules  and  regulations  relating  to  the 
observance  of  the  prescribed  courses  of  study;  and  they  shall 


232  DEPARTMENT   OF  EDUCATION.  [CH.    31 

also  issue  state  teachers'  certificates  under  such  regulation,  not 
inconsistent  with  law,  as  the  State  Board  may  determine. 
(Laws  1915,  ch.  296,  sec.  6.) 

§  698.  Secretary  of  State  Board  of  Education.  That  section 
8873  of  the  General  Statutes  of  Kansas  for  1915  is  amended 
to  read  as  follows :  Sec.  8873.  At  a  meeting  called  by  the  state 
superintendent  of  public  instruction  during  the  month  of 
April,  1919,  the  State  Board  of  Education  shall  elect  a  secre- 
tary, not  a  member  of  the  board,  who  shall  be  an  expert  in  edu- 
cation, a  graduate  of  a  four-year  course  of  study  of  a  univer- 
sity, college,  normal  school,  or  institution  of  like  rank,  and  who 
shall  have  had  not  less  than  five  years  of  experience  in  educa- 
tional work  as  superintendent  or  supervisor.  The  secretary 
first  elected  under  this  act  shall  serve  from  the  first  day  of 
July,  1919,  until  the  first  day  of  July,  1923 ;  and  thereafter  the 
secretary  of  the  board  shall  serve  for  a  term  of  four  years  and 
until  his  successor  is  elected,  unless  removed  by  the  board  for 
cause ;  and  the  regular  election  of  secretary  shall  be  held  dur- 
ing the  month  of  April  next  preceding  the  date  of  the  expira- 
tion of  the  term  of  office.  The  secretary  of  the  State  Board  of 
Education  shall  be  subject  to  the  direction  of  the  state  superin- 
tendent of  public  instruction.  He  shall  serve  as  inspector  of 
colleges  and  universities  accredited  by  the  state  board  and  shall 
have  charge  of  all  matters  relating  to  state  teachers'  certifi- 
cates, and  shall  perform  such  duties  as  may  be  required  by 
the  State  Board  of  Education  or  the  state  superintendent  of 
public  instruction,  and  he  shall  receive  a  salary  of  two  thou- 
sand four  hundred  dollars  per  annum.  The  state  superin- 
tendent of  public  instruction  may  employ  a  stenographer,  who 
shall  serve  as  a  stenographer  to  the  State  Board  of  Educa- 
tion during  its  meetings  and  in  addition  do  such  other  work 
as  may  be  directed  by  the  state  superintendent,  who  shall  re- 
ceive a  salary  of  $1,200  per  annum.  (Laws  1919,  ch.  256, 
sec.  2.) 

§  099.  Accrediting  of  Rural,  Graded,  and  High  Schools. 
[8874]  The  State  Board  of  Education  shall  have  exclusive  and 
sole  authority  to  define  official  standards  of  excellence  in  all 
matters  relating  to  the  administration,  course  of  study,  and  in- 
struction in  rural  schools,  graded  schools,  and  high  schools,  and 
to  accredit  those  schools  in  which  the  specified  standards  are 
maintained ;  and  the  board  may  grant  to  accredited  schools  an 
appropriate  certificate  or  other  evidence  of  approval.  (Laws 
1915,  ch.  296,  sec.  8.) 

§  700.  Admission  of  Graduates  from  Accredited  High 
Schools  to  State  Institutions.  [8875]  Any  person  who  shall 
complete  a  four-year  course  of  study  in  any  high  school  ac- 
credited by  the  State  Board  of  Education  shall  be  entitled  to 
admission  to  the  freshman  class  of  the  State  University,  the 


OH.    31]  DEPARTMENT   OF   EDUCATION.  233 

State  Agricultural  College,  or  any  of  the  state  normal  schools, 
on  presenting  a  statement  containing  a  transcript  of  his  high 
school  record  signed  by  the  principal  of  the  school  and  certify- 
ing that  such  person  has  satisfactorily  completed  said  course 
of  study.  (Laws  1915,  ch.  296,  sec.  9.) 

§  701.  State  Supervisors  of  Public  Schools,.  That  section 
8876  of  the  General  Statutes  of  Kansas  for  1915  is  amended 
to  read  as  follows :  Sec.  8876.  That  the  state  superintendent 
of  public  instruction  may  appoint  assistants  not  exceeding 
four  in  number,  who  shall  serve  as  supervisors  of  the  public 
schools  of  the  state,  including  rural,  graded  and  high  schools. 
Said  assistants  shall  perform  such  other  duties  as  may  be 
required  by  the  state  superintendent;  and  these  assistants 
shall  be  allowed  actual  and  necessary  traveling  expenses  in- 
curred in  the  performance  of  their  duties,  and  shall  receive  a 
salary  fixed  by  the  State  Board  of  Education  not  exceeding 
$2,000  per  annum:  Provided,  That  no  state  funds  except  as 
herein  provided  shall  be  expended  for  the  purpose  of  visita- 
tion of  rural,  graded  and  high  schools.  (Laws  1919,  ch.  256, 
sec.  3.) 


234 


SCHOOL  BOOK   COMMISSION. 


[CH.    32 


CHAPTER  XXXIL— Textbooks. 

ARTICLE  I.— State  School  Book  Commission. 


§702.   State       School       Book       Commission 
created ;     compensation ;     expenses. 

703.  Chairman;    secretary. 

704.  Series     of     textbooks;      publication; 

adoption ;    approval ;    distribution  ; 
exchange. 

705.  Powers  of  commission. 

706.  Printing. 

707.  Exclusive  use  required. 

708.  Price  fixed  at  estimated  cost. 

709.  Purchase   of    school    books   by   school 

boards;  free  texts. 

710.  Dealers;        payment;        commission; 

bond ;  exchange ;  shipment. 

711.  Sale  of  books  not  printed  by  state; 

commission. 


§712.   Copies   of   agreement   and   price   lists 
furnished. 

713.  Penalty  for  increase  of  price  and  for 

use  of  other  books. 

714.  Supplementary  books. 

715.  Annual  report  of   School  Book  Com- 

mission. 

716.  Penalty  for  violation  of  act  by  mem- 

bers of  commission. 

717.  Unlawful  to  sell  charts,  maps,  globes, 

etc.,  unless  approved. 
71  3.   Penalty  for  unlawful  sale. 

719.  Unlawful   to   purchase   maps,    charts, 

globes,   etc.,   unless  approved. 

720.  Penalties. 


§  702.  State  School  Book  Commission  Created;  Compensa- 
tion; Expenses.  That  section  9366,  General  Statutes  of  1915, 
be  and  is  hereby  amended  to  read  as  follows :  Sec.  9366.  For 
the  purpose  of  carrying  out  the  provisions  of  this  act,  there  is 
hereby  created  a  State  School  Book  Commission  consisting  of 
seven  members  which  shall  be  composed  of  the  state  superin- 
tendent of  public  instruction,  the  president  of  the  State  Normal 
School,  the  president  of  the  State  Agricultural  College,  the 
state  printer,  a  person  elected  by  the  members  of  the  State 
Board  of  Agriculture  from  their  own  membership,  for  a  term 
of  two  years,  and  two  other  persons  to  be  appointed  by  the 
governor  for  a  term  of  two  years  from  April  1, 1919.  The  com- 
mission thus  created  shall  perform  the  duties  and  exercise  the 
power  granted  in  this  act  and  shall  have  all  the  power  and 
authority  heretofore  belonging  to  the  School  Textbook  Com- 
mission, except  so  far  as  these  duties  are  modified  by  the  pro- 
visions of  this  act.  The  members  of  the  commission  shall  take 
an  oath  of  office,  the  form  of  which  shall  be  prepared  by  the 
attorney-general.  Within  twenty  days  after  this  act  shall  take 
effect  the  state  superintendent  of  public  instruction  shall  cal!  a 
meeting  for  the  purpose  of  effecting  an  organization;  and 
thereupon  all  authority  heretofore  belonging  to  the  School 
Textbook  Commission  shall  be  transferred  to  the  State  School 
Book  Commission,  and  the  said  School  Textbook  Commission 
shall  cease  to  exist.  All  contracts  made  by  the  School  Textbook 
Commission  and  in  force  at  the  time  when  this  act  takes  effect 
shall  be  enforced  by  the  State  School  Book  Commission  created 
by  this  act.  The  commission  shall  have  authority  to  make  its 
own  rules  and  regulations,  and  to  determine  the  method  of  its 
procedure  in  accordance  with  the  provisions  of  this  act.  Each 
member  of  said  commission  who  shall,  at  the  time  of  service 
thereon,  be  receiving  a  stated  salary  from  the  state,  shall  not 
be  allowed  per  diem,  but  the  other  members  shall  receive  as 


CH.    32]  SCHOOL  BOOK   COMMISSION.  235 

their  full  compensation  the  sum  of  five  dollars  for  each  day's 
actual  service  in  attending  the  meetings  of  the  said  commis- 
sion. And  each  member  shall  receive  all  necessary  and  actual 
traveling  and  hotel  expenses  incurred  in  attending  all  meet- 
ings of  the  commission  and  in  discharge  of  their  duties.  (Laws 
1919,  ch.  269,  sec.  1.) 

§  703.  Chairman;  Secretary.  That  section  9367,  General 
Statutes  of  1915,  be  and  the  same  is  hereby  amended  to 
read  as  follows:  Sec.  9367.  The  School  Book  Commission 
shall  select  one  of  its  members  as  chairman.  The  commis- 
sion is  hereby  authorized  to  appoint  a  secretary  who  shall 
not  be  a  member  thereof,  but  who  shall  be  a  person  of  recog- 
nized ability  and  well  qualified  to  determine  the  educational 
value  and  use  of  school  textbooks,  and  who  shall  devote  all  of 
his  time  to  the  duties  of  such  secretaryship.  He  shall  keep  all 
accounts  and  records  of  the  State  School  Book  Commission, 
shall  furnish  the  commission  with  full  and  complete  informa- 
tion as  to  the  character,  worth,  adaptability,  educationaland 
mechanical  value  of  such  books  as  are  used  in  the  public  schools 
of  this  state,  and  of  other  states,  and  shall  report  any  viola- 
tions of  the  provisions  of  this  act  to  the  said  commission  im- 
mediately on  learning  thereof.  It  shall  also  be  the  duty  of  the 
secretary  to  see  that  the  books  are  properly  distributed  and 
collections  made  for  same.  The  secretary  shall  hold  office  for 
two  years,  or  until  dismissed  by  the  commission  for  cause,  and 
shall  receive  an  annual  salary  of  not  to  exceed  $2,200.  The 
secretary  shall  give  a  good  and  sufficient  surety  company  bond 
in  the  sum  of  $10,000,  the  cost  of  which  shall  be  borne  by  the. 
state,  conditioned  on  the  faithful  discharge  of  his  official  duties, 
and  shall  be  approved  by  the  State  School  Book  Commission. 
The  commission  is  further  authorized  to  appoint  a  chief  clerk 
who  shall  receive  an  annual  salary  of  fifteen  hundred  ($1,500) 
dollars ;  a  bookkeeper  and  shipping  clerk  each  of  whom  shall 
receive  an  annual  salary  of  not  to  exceed  twelve  hundred 
($1,200)  dollars.  (Laws  1919,  ch.  284,  sec.  33.) 

§  704.  Series  of  Textbooks;  Publication;  Adoption;  Ap- 
proval; Distribution;  Exchange.  [9368]  Section  3  of  chapter 
288  of  the  Session  Laws  of  1913  is  hereby  amended  to  read 
as  follows:  Sec.  3.  The  said  State  School  Book  Commission 
shall,  as  soon  as,  and  when  practicable,  print,  publish  or  pro- 
vide for  the  publication  of  a  complete  series  of  school  textbooks, 
as  hereinafter  mentioned,  for  use  in  the  public  schools,  includ- 
ing the  high  schools,  in  the  state  of  Kansas.  Also,  they  shall 
provide,  by  adoption,  under  the  provisions  of  the  law,  for  such 
books  of  the  hereinafter  mentioned  series  as  they  find  'it 
impossible  or  impracticable  to  print  or  publish.  They  may  also 
write,  select,  compile  or  cause  to  be  written  or  compiled,  or 
purchase  the  copyright  or  contract  the  right  to  publish  all  such 
books  by  the  payment  of  an  agreed  royalty  therefor.  The  said 


236  SCHOOL  BOOK   COMMISSION.  [CH.    32 

series  of  school  textbooks  shall  consist  of  one  spelling  book,  one 
primer,  one  each  first,  second,  third,  fourth,  and  fifth  reader; 
one  each,  elementary  and  advanced  arithmetic;  one  each,  ele- 
mentary and  advanced  geography;  one  each,  elementary  and 
advanced  grammar ;  one  each,  elementary  and  advanced  physi- 
ology and  hygiene;  a  primary  and  an  advanced  history  of  the 
United  States ;  a  history  of  the  state  of  Kansas ;  one  civil  gov- 
ernment of  the  United  States  and  of  the  state  of  Kansas ;  one 
elements  of  agriculture  and  stock  raising;  one  system  of  pen- 
manship; a  graded  system  of  drawing  books;  textbooks  con- 
taining collections  of  masterpieces  of  American  and  English 
literature,  for  the  fifth,  sixth,  seventh,  and  eighth  grades ;  alge- 
bra (elementary  and  advanced)  ;  geometry  (including  both 
plane  and  solid);  Latin  grammar;  Latin  exercises;  Caesar; 
Cicero ;  Virgil ;  English  composition ;  English  history ;  English 
literature;  ancient  history;  medieval  and  modern  history; 
rhetoric ;  botany ;  chemistry ;  zoology ;  word  analysis ;  geology ; 
physical  geography;  complete  texts  in  German  and  French 
(including  exercises,  grammar,  readers  and  classics)  ;  descrip- 
tive astronomy  and  a  bookkeeping  text.  Such  books  to  be  equal 
in  subject  matter,  material,  binding  and  mechanical  execution 
and  approximately  in  size  to  the  books  named  in  sections  7813 
and  7833  of  the  General  Statutes  of  Kansas  of  1909.  The  said 
State  School  Book  Commission  may  adopt,  print  or  publish, 
as  in  their  opinion  may  be  desirable  or  practicable,  other  text- 
books in  addition  to  the  books  enumerated  above  and  may  ap- 
prove textbooks  in  subjects  not  enumerated  above  for  special 
courses,  to  meet  the  needs  and  requirements  of  the  courses  of 
study  prescribed  for  use  in  the  public  schools,  including  the 
high  schools  of  the  state :  Provided,  That  the  State  School  Book 
Commission  shall  have  authority  to  so  vary  the  period  of  adop- 
tion for  high  school  classics  as  to  meet  the  college  entrance 
requirements :  Provided  further,  That  the  State  School  Book 
Commission  shall  not  contract  with  any  person,  company  or 
corporation,  for  any  of  the  books  provided  for  in  this  act  at  a 
price  in  excess  of  the  lowest  price  at  which  such  book  or  books 
are  sold  for  use  in  any  other  state,  county,  city  or  district. 
The  distribution  of  all  textbooks  adopted  under  the  provisions 
of  this  section  shall  be  according  to  the  provisions  of  section 
7820  of  the  General  Statutes  of  Kansas  of  1909  except  as  re- 
lates to  the  15  per  cent  commission,  allowed  in  this  act :  And 
provided  further,  That  any  person,  persons,  company  or  cor- 
poration who  shall  contract  to  furnish  textbooks  adopted  under 
the  provisions  of  section  one  of  this  act  shall  take  up  any  text- 
books previously  in  use  and  displaced  by  said  adoption  which 
may  be  offered  to  the  contracting  publishers  or  their  agents 
within  one  year  after  the  beginning  of  said  contract  and  shall 
allow  for  such  displaced  books  in  exchange  for  new  books  in 
the  same  branch  an  amount  not  less  than  the  highest  amount 


CH.   32]  SCHOOL  BOOK   COMMISSION.  237 

allowed  on  the  lowest  price  in  any  other  state,  county,  city  or 
district  and  which  said  amount  shall  be  specifically  set  out  in 
each  bid.  Said  exchanged  books  to  be  returned  to  the  pub- 
lishers or  their  agents  within  one  year  after  the  beginning  of 
said  contract  according  to  their  direction  and  at  the  expense 
of  the  said  contracting  publishers.  (Laws  1915,  ch.  297, 
sec.  1.) 

§  705.  Powers  of  Commission.  [9369]  The  State  School 
Book  Commission  shall  have  the  power,  and  is  hereby  author- 
ized to  have  written  or  compiled,  or  to  purchase  the  several 
textbooks  and  manuscripts  to  be  used  in  the  public  schools, 
and  shall  fix  the  remuneration  of  authors  and  compilers,  and 
compensation  for  other  necessary  services  in  the  preparation 
and  publication  of  said  books.  Said  State  School  Book  Com- 
mission shall  also  have  the  power  to  procure  copyrights  for  the 
state  of  Kansas  of  any  school  textbooks,  manuscript,  or  subject 
matter  thereof,  authorized  by  the  provisions  of  this  act,  and 
to  contract  with  authors  and  publishers  upon  a  royalty  basis, 
upon  an  exclusive  right  to  publish  and  use  in  the  state  of 
Kansas  any  school  textbook  written  or  published  by  them. 
The  State  School  Book  Commission  shall  furnish  to  the  state 
printer  copy  and  design  for  all  diagrams  and  illustrations  to 
be  used  in  any  school  textbook  published  by  the  state  under  the 
provisions  of  this  act.  (Laws  1913,  ch.  288,  sec.  4.) 

§  706.  Printing.  [6370]  The  printing  of  all  textbooks  pub- 
lished by  the  state,  and  provided  for  in  section  3  of  this  act, 
and  all  mechanical  work  connected  therewith,  shall  be  done  by 
and  under  the  supervision  of  the  state  printer,  at  the  state 
printing  plant.  (Laws  1913,  ch.  288,  sec.  5.) 

§  707.  Exclusive  Use  Required.  [9371]  Whenever  any  one 
or  more  of  the  said  textbooks  shall  have  been  authorized  or 
published,  the  State  School  Book  Commission  shall  issue  an 
order  requiring  the  exclusive  use  of  said  book  or  books  in  the 
public  schools  of  Kansas,  but  such  an  order  for  the  exclusive 
use  of  such  book  or  books  shall  not  take  effect  as  to  any  book 
or  books  within  a  time  that  shall  interfere  with  any  present 
legal  contracts,  or  legal  adoptions  heretofore  made  by  the 
School  Text  Book  Commission,  or  under  the  provisions  of  this 
act.  Whenever  the  commission  shall  issue  an  order  requiring 
the  exclusive  use  of  any  textbooks  in  the  public  schools  of  this 
state  no  public  school  superintendent,  principal,  teacher,  or 
any  other  public  school  authority  in  this  state  shall  have  the 
power  to  use,  or  authorize  the  use  of  any  book  or  books  for 
pupils  other  than  those  directed  to  be  used  by  order  of  said 
commission:  Provided,  That  nothing  herein  contained  shall 
exclude  the  use  of  books  for  reference  only,  but  such  books 
may  be  provided  by  the  school  districts,  or  local  board  of  edu- 
cation, in  the  school  libraries,  and  no  school  patron  shall  be 
compelled  to  buy  such  books.  (Laws  1913,  ch.  288,  sec.  6.) 


238  SCHOOL  BOOK   COMMISSION.  [CH.    32 

§  708.  Price  Fixed  at  Estimated  Cost.  [9372]  The  state 
printer  shall  furnish  the  State  School  Book  Commission  a 
statement  of  the  cost  of  the  material  and  labor  required  to 
publish  each  book  provided  for  in  this  act,  and  from  this  state- 
ment, together  with  the  cost  of  copyrights,  royalties,  author- 
ship, and  other  necessary  expenses,  said  commission  shall  fix 
maximum  prices,  based  on  the  actual  cost  of  production  and 
distribution,  at  which  said  books  shall  be  sold  for  cash  only  to 
school  patrons  of  this  state,  and  no  school  textbook  shall  be 
sold  at  a  price  in  excess  of  that  fixed  by  said  School  Book  Com- 
mission, except  as  provided  for  in  section  8  of  this  act.  (Laws 
1913,  ch.  288,  sec.  7.) 

§709.  Purchase  of  Books  by  School  Boards;  Free  Text- 
books. That  section  9373  of  the  General  Statutes  of  1915  is 
hereby  amended  to  read  as  follows:  Section  9373.  District 
clerks  and  clerks  of  boards  of  education  of  cities  of  the  first 
and  second  class  in  the  state  of  Kansas  may  provide  a  revolv- 
ing fund  for  the  purpose  of  enabling  the  district  clerks,  or  the 
clerks  of  the  boards  of  education  to  purchase  for  the  use  of  the 
school  under  their  control  the  necessary  state  school  text- 
books for  use  in  said  schools.  The  treasurer  of  each  district 
board  and  each  board  of  education  is  hereby  authorized  and 
directed  to  pay  out  of  said  funds  all  orders  lawfully  drawn 
for  the  purchase  of  the  necessary  state  school  textbooks  for 
use  in  such  school  districts,  or  city  schools.  Each  district 
clerk  and  each  clerk  of  the  board  of  education  shall  replace  the 
moneys  paid  out  of  the  revolving  fund  with  cash  received  by 
him  for  the  books  sold  to  the  patrons  of  said  schools:  Pro- 
vided, That  each  school  district  and  each  city  may  have  the 
privilege  of  providing  the  pupils  in  said  district,  or  city,  with 
textbooks  free  of  cost  if  so  authorized  by  majority  vote  of  the 
qualified  electors  in  such  city  or  school  district  voting  at  an 
election  held  for  the  purpose  of  determining  how  the  books 
shall  be  distributed :  And  provided,  Whenever  and  so  often  as 
any  educational  institution  in  this  state  shall  adopt  textbooks 
published  under  this  act,  such  institution  shall  have  the  same 
privileges  in  the  purchase  and  distribution  of  such  books  as 
have  district  schools  and  city  schools  referred  to  in  this  act. 
(Laws  1917,  ch.  292,  sec.  1.) 

§  710.  Dealers;  Payment;  Commission;  Bond;  Exchange; 
Shipment.  That  section  9374  of  the  General  Statutes  of  1915 
is  hereby  amended  to  read  as  follows :  Section  9374.  The  State 
School  Book  Commission  shall,  as  soon  as  practicable  after 
the  passage  of  this  act,  appoint  at  least  one  school  book  dealer 
or  agent  in  each  county  seat  and  in  each  city  of  the  first  and 
second  class  in  the  state,  and  such  other  school  book  dealers  or 
agents  as  the  State  School  Book  Commission  shall  see  fit  to 
appoint,  for  the  handling  and  sale  of  the  school  books  pub- 
lished by  the  state.  Said  school  book  dealers  or  agents  shall 


CH.    32]  SCHOOL  BOOK   COMMISSION.  239 

be  allowed  a  commission  of  fifteen  per  cent  of  the  cost  price  of 
the  books,  as  authorized  by  the  State  School  Book  Commission, 
which  commission  shall  be  added  to  the  cost  price.  Every 
school  book  dealer  or  agent  appointed  by  the  State  School 
Book  Commission  under  this  act  shall  give  a  good  and  suffi- 
cient personal  or  surety  bond  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  State  School  Book  Commission, 
in  a  sum  sufficient  to  coyer  all  purchases  of  school  books  for  a 
period  of  one  year,  conditioned  on  the  settlement  for  all  books 
on  dates  when  such  settlement  is  due,  and  shall  make  cash 
settlements  in  full  for  all  books  purchased  at  the  end  of  ninety 
days  from  January  10th  and  July  10th,  and  any  books  pur- 
chased between  April  10th  and  July  10th,  and  between  Oc- 
tober 10th  and  January  10th,  shall  be  settled  for  in  full  in 
thirty  days  from  date  of  shipment :  Provided,  That  the  State 
School  Book  Commission  and  the  secretary  shall  not  in  any 
case  ship  to  any  school  book  dealer  or  agent,  shipment  of  books 
the  aggregate  value  of  which,  remaining  unpaid,  shall  exceed 
eighty  per  cent  of  the  amount  of  the  bond  given  by  said  school 
book  dealer  or  agent :  Provided  further,  That  any  bonded  school 
book  dealer  or  agent  mentioned  in  this  act  shall  have  the  privi- 
lege of  returning  to  the  State  School  Book  Commission  in  good 
condition,  and  at  no  expense  to  the  state,  any  books  for  which 
he  has  not  paid  the  State  School  Book  Commission,  and  receiv- 
ing therefor  a  credit  to  apply  on  his  account,  for  the  amount 
of  such  books,  at  the  prices  fixed  by  the  State  School  Book 
Commission,  and  the  State  School  Book  Commission  shall,  at 
any  time,  accept  from  their  appointed  school  book  dealers  or 
agents,  books  published  by  the  state,  returned  to  the  commis- 
sion in  good  condition,  in  exchange  for  other  books  published 
by  the  state :  Provided,  That  the  dealer  or  agent  returning  such 
books  shall  pay  transportation  both  ways  on  such  exchanges, 
but  no  exchange  of  a  book,  the  adoption  period  for  which  will 
expire  within  six  months,  shall  be  granted.  Each  school  book 
dealer  or  agent  appointed  by  the  State  School  Book  Commis- 
sion shall,  on  the  first  day  of  each  month,  make  to  the  secre- 
tary of  the  State  School  Book  Commission  a  full  and  accurate 
report  of  all  books  in  the  hands  of  such  dealer  or  agent,  pay- 
ment for  which  has  not  yet  been  made  to  the  State  School 
Book  Commission,  and  any  school  book  dealer  or  agent  shall, 
upon  order  from  the  secretary  of  the  State  School  Book  Com- 
mission, make  shipment  of  surplus  books  on  hand,  for  which 
payment  has  not  yet  been  made,  to  other  dealers  or  agents  in 
the  state :  Provided,  That  in  case  of  such  shipment  on  the  order 
of  the  secretary  of  the  State  School  Book  Commission,  the 
transportation  shall  be  paid  by  the  state  and  in  no  case  by  the 
dealer  or  agent  on  whom  the  order  is  drawn.  The  State  School 
Book  Commission  may,  at  any  time,  at  its  discretion  deprive 
any  school  book  dealer  or  agent  appointed  by  it  of  the  privilege 
of  handling  school  books  under  the  provisions  of  this  act,  for 


240  SCHOOL  BOOK   COMMISSION.  [CH.    32 

failure  to  comply  with  the  provisions  of  this  act,  or  for  any 
cause  that  to  said  School  Book  Commission  may  seem  to  war- 
rant such  action  on  their  part.  The  State  School  Book  Com- 
mission shall  sell  the  school  books  published  by  the  state  to 
any  school  book  dealers  in  the  state  other  than  bonded  school 
book  dealers  or  agents  appointed  by  the  State  School  Book 
Commission :  Provided,  That  all  orders  for  school  books  pub- 
lished by  the  state,  from  dealers  not  appointed  by  the  State 
School  Book  Commission,  shall  be  accompanied  by  cash  in  full 
for  such  books ;  and  the  State  School  Book  Commission  and  the 
secretary  shall  ship  no  books  to  dealers  other  than  bonded  deal- 
ers appointed  by  the  State  School  Book  Commission,  or  to  dis- 
trict clerks,  or  to  clerks  of  boards  of  education,  except  on 
orders  accompanied  by  full  payment  for  all  books  ordered: 
Provided  further,  That  district  clerks,  clerks  of  boards  of  edu- 
cation of  cities  of  the  first  and  second  class  and  school  book 
dealers  other  than  bonded  school  book  dealers  or  agents  ap- 
pointed by  the  State  School  Book  Commission  shall  have  the 
same  privileges  of  exchange  of  school  books  published  by  the 
state  as  those  granted  the  bonded  school  book  dealers  or  agents 
mentioned  in  this  act.  All  books  published  by  the  state  and 
sold  by  the  State  School  Book  Commission  shall  be  shipped  by 
the  secretary,  carriage  prepaid,  to  the  railroad  station  nearest 
their  destination.  It  shall  be  the  duty  of  the  secretary  to  re- 
port to  the  state  auditor  on  or  before  the  10th  day  of  each 
month,  in  separate  reports,  an  itemized  statement  of  the  num- 
ber of  books  sold  by  him  for  cash  during  the  preceding  month, 
with  the  amount  of  money  received  for  same;  an  itemized 
statement  of  the  number  of  books  sold  by  him  on  time  during 
the  preceding  month,  with  the  amount  due  for  same ;  an  item- 
ized statement  of  all  books  returned  for  credit  during  the  pre- 
ceding month,  with  the  amount  of  credit  granted  for  same; 
and  an  itemized  statement  of  all  exchanges  made  by  him  dur- 
ing the  preceding  month.  The  secretary  shall  pay  weekly  the 
money  received  for  the  sale  of  books  into  the  state  treasury : 
Provided,  That  no  books  shall  be  considered  as  sold,  or  reported 
to  the  state  auditor  as  sold,  by  said  secretary  until  shipment 
of  such  books  shall  have  been  made,  and  no  sale  shall  be  re- 
garded as  made,  and  no  money  received  from  the  sale  of  books 
shall  be  paid  into  the  state  treasury  until  the  books  for  which 
such  money  was  paid  to  the  secretary  of  the  State  School 
Book  Commission  shall  have  been  shipped  by  him  to  the  pur- 
chaser. All  moneys  received  by  the  state  treasurer  under  the 
provisions  of  this  act  shall  be  kept  by  him  in  a  separate  fund 
to  be  known  as  "the  state  school-book  fund,"  and  shall  be  used 
as  a  revolving  fund  by  said  commission  for  the  purchase  of 
material,  payment  of  labor,  royalties,  copyrights  and  all  other 
expenses  incurred  in  the  purchase  or  publication  and  distribu- 
tion of  school  books  as  provided  in  this  act.  (Laws  1917,  ch. 
292,  sec.  2.) 


CH.    32]  SCHOOL  BOOK   COMMISSION.  241 

§  711.    Sale  of  Books  Not  Printed  by  State;  Commission. 

That  section  9383;  of  the  General  Statutes  of  1915  be 
and  the  same  is  hereby  amended  to  read  as  follows:  Sec. 
9383/.  Within  thirty  days  after  the  issuing  of  the  procla- 
mation by  the  governor  of  this  state  provided  for  in  this  act, 
any  person,  persons,  company  or  corporation  having  contracted 
for  the  furnishing  of  school  textbooks  to  the  people  of  this 
state,  for  use  in  the  public  schools  thereof,  shall  arrange  with 
at  least  one  dealer  or  agent  at  the  county  seat  in  each  county 
of  this  state,  and  in  each  city  of  the  first,  second  and  third 
class  in  this  state,  for  the  handling,  sale  and  exchange  of  the 
school  books  provided  for  in  this  act.  Such  dealer  or  agent 
shall  be  allowed  to  charge  the  people  of  this  state  a  commission 
not  exceeding  fifteen  per  cent  on  the  contract  price  established 
in  this  act  for  the  handling  and  sale  of  such  books :  Provided, 
That  any  person,  company  or  corporation  having  a  contract 
under  the  provisions  of  this  act  shall  be  required  to  furnish 
books  to  any  citizen  or  school  district  in  Kansas  at  the  same 
price  and  on  the  same  terms  as  provided  for  the  furnishing  of 
such  books  to  dealers  or  agents  in  cash  orders  of  not  less  than 
ten  dollars  each,  and  deliver  the  same  at  any  railroad  station 
in  Kansas  mentioned  in  such  order.  (Laws  1919,  ch.  270, 
sec.  1.) 

§  712.    Copies   of  Agreement  and  Price  Lists   Furnished. 

[9376]  It  shall  be  the  duty  of  the  state  superintendent  of  pub- 
lic instruction  to  furnish  to  each  county  superintendent  of 
public  instruction  and  each  superintendent  of  schools  in  cities 
of  the  first  and  second  class,  for  the  use  of  any  retail  dealer  in 
his  county  or  city  who  may  apply  for  permission  to  sell  the 
books  of  the  state  series,  printed  copies  of  the  above  agree- 
ment together  with  lists  of  maximum  prices  of  such  books  as 
fixed  by  the  State  School  Book  Commission.  And  any  dealer 
who  shall  fail,  neglect  or  refuse  to  comply  with  the  condition  of 
such  agreement  shall  forfeit  his  right  to  any  further  purchases 
of  said  school  books  from  the  state.  (Laws  1913,  ch.  288, 
sec.  11.) 

§  713.  Penalty  for  Increase  of  Price  and  for  Use  of  Other 
Books.  [9378]  Any  person  or  persons  who  shall  directly  or 
indirectly  demand  or  receive  money  or  anything  of  value  for 
any  book  or  books  provided  for  in  this  act  in  excess  of  the 
price  fixed  by  the  State  School  Book  Commission,  except  the 
fifteen  per  cent  hereinbefore  provided  for  retail  dealers,  and 
any  member  or  members  of  any  district  board  or  board  of 
education,  or  any  superintendent,  principal,  or  teacher  of  any 
public  school  in  the  state,  who  shall  adopt,  use  or  procure  to 
be  used  in  any  public  school  in  the  state,  in  the  same  branch, 
any  textbook  or  books  as  a  substitute  for  or  in  lieu  of  any  text- 
book provided  for  in  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  in  any  court  of  competent  juris- 


242  SCHOOL  BOOK  COMMISSION.  [CH.   32 

diction,  shall  be  punished  by  a  fine  in  any  sum  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  to  exceed  ninety  days,  or 
by  both  such  fine  and  imprisonment.  (Laws  1915,  ch.  297, 
sec.  5.) 

§  714.  Supplementary  Books.  [9379]  The  State  School 
Book  Commission  shall  have  authority  to  approve  supple- 
mentary readers  for  the  first,  second,  third  and  fourth  grades ; 
and  historical,  geographical,  science  and  literature  readers  for 
any  grade,  in  addition  to  the  books  adopted  or  published  under 
the  provisions  of  law,  which  books  shall  be  supplementary  to 
those  provided  for  in  section  1  of  this  act,145  and  to  fix  the  price 
at  which  such  supplementary  books  shall  be  sold ;  which  price 
shall  not  be  in  excess  of  the  cost  price  at  which  such  books  are 
sold  in  any  other  state,  county,  city  or  district.  The  State 
School  Book  Commission  may  contract  with  the  publishers  of 
said  supplementary  books  for  the  distribution  of  said  books  by 
the  publishers  from  some  point  within  the  state,  or  by  the 
State  School  Book  Commission  at  such  above  mentioned  price, 
not  to  exceed  fifteen  per  cent  additional  cost  for  carriage  and 
distribution.  School  district  boards  and  boards  of  education 
shall  have  authority  to  use  in  the  schools  under  their  control 
such  supplementary  books  as  are  provided  for  in  this  section : 
Provided,  That  no  such  book  shall  be  used  as  a  substitute  for  or 
in  lieu  of  any  book  printed,  published  or  adopted  by  the  State 
School  Book  Commission  as  provided  for  in  sections  1  and  2 
of  this  act:  Provided  further,  That  all  supplementary  books 
herein  provided  for  shall  be  selected  from  a  list  of  books  ap- 
proved for  this  purpose  by  the  State  School  Book  Commission. 
Supplementary  school  books  approved  for  use  in  elementary 
schools  as  herein  provided  shall,  when  used,  be  purchased  by 
the  school  district  or  board  of  education,  and  shall  be  the  prop- 
erty of  the  school  district  or  city  in  which  said  books  are  used, 
and  shall  be  furnished  for  the  use  of  the  pupils  free  of  cost, 
(Laws  1915,  ch.  297,  sec.  6.) 

§  715.  Annual  Report  of  School  Book  Commission.  [9380] 
That  not  later  than  the  first  of  September  in  each  year,  the 
State  School  Book  Commission  shall  make  a  complete  report  to 
the  governor  of  all  the  business  transacted  by  the  commission 
for  the  fiscal  year  ending  June  30th,  next  preceding.  (Laws 
1915,  ch.  297,  sec.  7.) 

§  716.  Penalty  for  Violation  of  Act  by  Members  of  Commis- 
sion. [9382]  Any  member  of  the  State  School  Book  Commis- 
sion herein  established,  violating  any  provision  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  in  any  sum  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 

145.     Section  704  of  this  book. 


CH.    32]  SCHOOL  BOOK   COMMISSION.  243 

county  jail  for  a  term  of  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment.  (Laws 
1913,  ch.  288,  sec.  14.) 

§  717.  Unlawful  to  Sell  Charts,  Maps,  Globes,  etc.,  Unless 
Approved.  [9063]  It  shall  be  unlawful  for  any  person  to  sell 
to  any  school  board  or  board  of  education  in  the  state  of 
Kansas,  or  to  solicit  the  purchase  by  any  school-district  board 
or  board  of  education,  of  any  chart,  map,  globe,  or  other  school 
apparatus,  except  scientific  apparatus  for  high  schools,  unless 
the  same  shall  have  been  submitted  to  the  School  Text  Book 
Commission  of  the  state  of  Kansas,  and  by  them  approved  and 
a  maximum  price  fixed  therefor.  (Laws  1901,  ch.  308,  sec.  1.) 

§  718.  Penalty  for  Unlawful  Sale.  [9064]  Any  person  who 
shall  sell  to  any  school-district  board  or  board  of  education 
of  any  city  of  the  first  or  second  class  within  the  state  of  Kan- 
sas any  chart,  map,  globe,  or  other  school  apparatus,  except 
scientific  apparatus  for  high  schools,  which  has  not  been  ap- 
proved by  the  School  Text  Book  Commission  of  the  state  of 
Kansas,  and  any  person  who  shall  request  or  endeavor  to  per- 
suade any  such  school-district  board  or  board  of  education,  or 
any  member  thereof  to  purchase  any  chart,  map,  globe  or  other 
school  apparatus  the  sale  of  which  is  hereby  prohibited  shall 
be  guilty  of  a  misdemeanor  and  subject  to  a  fine  of  not  exceed- 
ing $200  for  each  offense.  (Laws  1901,  ch.  308,  sec.  2.) 

§  719.  Unlawful  to  Purchase  Charts,  Maps,  Globes,  etc.,  Un- 
less Approved.  [9383#]  It  shall  be  unlawful  for  any  school- 
district  board  or  board  of  education  of  any  city  of  the  first  or 
second  class  to  purchase  or  contract  for  any  chart,  map,  globe 
or  other  school, apparatus,  except  scientific  apparatus  for  high 
schools,  unless  the  same  shall  have  been  submitted  to  the  School 
Text  Book  Commission  at  a  regular  or  special  session,  and  by 
them  approved  and  a  maximum  price  therefor  fixed  by  said 
School  Text  Book  Commission.146  (Laws  1899,  ch.  176,  sec.  4.) 

§  720.  Penalties.  [9383i/]  The  punishment  for  the  viola- 
tion of  the  provisions  of  this  act,  or  of  any  contract  in  pur- 
suance thereof,  or  for  the  use  of  any  book  in  the  schools  not 
provided  for  by  the  commission  in  pursuance  of  this  act, 
whether  on  the  part  of  the  commission  or  any  member  thereof, 
or  any  school  board  or  board  of  education  or  member  thereof, 
or  of  any  teacher,  shall  be  the  same  as  prescribed  in  chapter 
179,  Laws  of  1897:  Provided,  That  nothing  in  this  act  shall 
be  construed  to  apply  to  any  book  used  as  a  book  of  reference. 
(Laws  1899,  ch.  176,  sec.  5.) 

146.  The  law  does  not  apply  to  the  purchase  of  school  furniture,  refer- 
ence books,  or  dictionaries. 


244  REVOLVING  FUND.  [CH.   32 


ARTICLE  II.— Revolving  Fund. 


§721.  Appropriation,  1919,   1920,  1921. 

722.  Building  fund. 

723.  Reappropriation    of   unexpended   bal- 


;724.   Revolving  fund;  transfer. 
725.  Warrants  authorized. 


§  721.  Appropriation.  There  is  hereby  appropriated,  out  of 
any  money  in  the  state  treasury,  not  otherwise  appropriated, 
to  the  State  School  Book  Commission  for  a  revolving  fund  for 
the  making  of  school  books,  for  the  purchase  of  copyrights,  the 
payment  of  royalties,  payment  of  authors,  compilers,  critics, 
artists,  editors,  advisors,  stenographers,  and  for  the  salary  of 
the  secretary,  the  expenses  of  his  office,  and  the  payment  of 
clerical  help  in  the  secretary's  office,  for  the  per  diem  and  ex- 
penses of  the  members  of  the  State  School  Book  Commission, 
pursuant  to  chapter  105,  General  Statutes  of  1915,  for  the  fiscal 
year  ending  June  30,  1919,  $50,000,  which  shall  be  credited  by 
the  state  treasurer  and  made  available  on  and  immediately 
after  the  date  on  which  this  act  shall  go  into  effect,  and  the 
state  treasurer  shall  notify  the  auditor  of  state  of  such  credit 
and  the  auditor  of  state  shall  make  proper  entries  on  his  rec- 
ords showing  such  transfer.  (Laws  1919,  ch.  50,  sec.  1.) 

§  722.  Building  Fund.  There  is  hereby  appropriated,  out  of 
any  money  in  the  state  treasury,  not  otherwise  appropriated, 
to  the  State  School  Book  Commission  for  a  building  fund  for  the 
erection  of  an  addition  to  the  state  printing  plant  on  grounds 
belonging  to  the  state,  for  the  fiscal  year  ending  June  30,  1920, 
$35,000,  any  unexpended  balance  remaining  in  this  fund  at  the 
close  of  the  fiscal  year  of  1920  being  reappropriated  for  the 
fiscal  year  ending  June  30,  1921.  (Laws  1919,  ch.  50,  sec.  2.) 

§  723.  Reappropriation  of  Unexpended  Balance.  That  any 
unexpended  balance  remaining  in  the  revolving  fund,  as  pro- 
vided by  section  1  of  this  act  and  by  chapter  45  of  the  Laws  of 
1917,  at  the  end  of  the  fiscal  year  ending  June  30,  1919,  and  any 
unexpended  balances  remaining  in  the  copyright  fund  and  the 
fund  for  the  salary  of  the  secretary  of  the  commission,  the 
expenses  of  his  office,  and  the  payment  of  clerical  help  in  the 
secretary's  office,  per  diem  and  expenses  of  the  members  of  the 
commission,  and  for  incidental  expenses,  as  provided  by  chapter 
45  of  the  Session  Laws  of  1917,  at  the  end  of  the  fiscal  year 
ending  June  30,  1919,  are  hereby  reappropriated  for  the  fiscal 
year  ending  June  30,  1920,  and  any  unexpended  balance  at  the 
end  of  the  fiscal  year  1920  is  hereby  reappropriated  for  the 
fiscal  year  ending  June  30,  1921.  (Laws  1919,  ch.  50,  sec.  3.) 

§  724.  Revolving  Fund;  Transfer.  That  all  money  received 
by  the  secretary  of  the  State  School  Book  Commission  for  the 
sale  of  books  published  by  the  state  shall  be  deposited  by  said 
secretary  in  the  state  treasury,  and  shall  be  credited  by  the 
state  treasurer  to  the  revolving  fund  of  the  State  School  Book 


CH.    32]  REVOLVING  FUND.  245 

Commission :  Provided,  That  whenever  the  amount  accumulated 
in  the  revolving  fund  of  the  School  Book  Commission,  as  herein- 
before provided,  shall  at  the  end  of  any  fiscal  year  exceed  the 
sum  of  $100,000,  it  shall  be  the  duty  of  the  state  treasurer,  and 
he  is  hereby  directed  and  required,  to  transfer  all  of  the  excess 
of  said  revolving-  fund  over  and  above  said  sum  of  $100,000  to 
the  general  revenue  fund  of  the  state.  (Laws  1919,  ch.  50, 
sec.  4.) 

§  725.  Warrants  Authorized.  The  auditor  of  state  is  hereby 
authorized  to  draw  his  warrants  on  the  treasurer  of  state  for 
the  several  funds  and  for  the  sums  and  for  the  purposes  above 
mentioned,  upon  presentation  of  verified  vouchers,  approved  by 
the  chairman  and  secretary  of  the  State  School  Book  Commis- 
sion. (Laws  1919,  ch.  50,  sec.  5.) 


246 


TOBACCO  AND   CIGARETTES. 


[CH.    33 


CHAPTER  XXXIIL— Tobacco  and  Cigarettes. 


!726.  Unlawful   to   sell   or   give   away   cig- 
arettes. 
727.   Unlawful  to  advertise  cigarettes. 


§728.  Minors  not  permitted  to  use  tobacco 
in  public  places. 

729.  Penalty. 

730.  County  attorney  to  make  inquisition. 

§  726.  Unlawful  to  Sell  or  Give  Away  Cigarettes.  It  shall 
be  unlawful  for  any  person,  company  or  corporation  to  barter, 
sell  or  give  away  any  cigarettes  or  cigarette  papers,  or  any 
disguise  or  subterfuge  of  either  of  these,  or  to  have  any 
cigarettes  or  cigarette  papers  in  or  about  any  store  or  other 
place  for  barter,  sale  or  free  distribution.  If,  upon  what  seems 
to  be  reasonable  evidence,  any  person,  company  or  corporation 
is  suspected  of  having  in  his  or  its  possession  any  cigarettes  or 
cigarette  papers  intended  to  be  offered  for  barter,  sale  or  free 
distribution,  then,  upon  the  sworn  complaint  of  any  citizen  of 
the  state  of  Kansas,  specifying  fully  as  to  the  alleged  facts  in 
the  case,  any  officer  authorized  to  make  arrests  may  search  the 
premises  of  such  person,  company  or  corporation  and  may 
confiscate  any  cigarettes  or  cigarette  papers  so  found.  The 
possession  of  such  cigarette  materials  shall  be  considered 
prima  facie  evidence  of  a  direct  violation  of  this  act.  (Laws 
1917,  ch.  166,  sec.  1.) 

§  727.  Unlawful  to  Advertise  Cigarettes.  It  shall  be  unlaw- 
ful for  any  person,  company  or  corporation  to  advertise  ciga- 
rettes or  cigarette  papers,  or  any  disguise  or  subterfuge  of 
either  of  these,  in  any  circular,  newspaper  or  other  periodical 
published,  offered  for  sale  or  for  free  distribution  within 
the  state  of  Kansas.  It  shall  also  be  unlawful  for  any  person, 
company  or  corporation  to  advertise  cigarettes  or  cigarette 
papers  on  any  street  sign,  placard  or  bill  board;  or  in  any 
package  of  merchandise,  store  window,  show  case,  or  any  other 
public  place  within  the  state  of  Kansas.  (Laws  1917,  ch.  166, 
sec.  2.) 

§  728.  Minors  Not  Permitted  to  Use  Tobacco  in  Public 
Places.  It  shall  be  unlawful  for  any  person,  company  or  cor- 
poration to  sell  or  give  away  to  any  minor  under  21  years  of 
age,  any  cigarettes,  cigars,  cigarette  papers,  tobacco  or  any 
other  such  materials  connected  with  the  smoking  of  tobacco. 
And  it  shall  likewise  be  unlawful  for  the  proprietor  of  any 
place  of  business  to  permit  minors  under  21  years  of  age  to 
frequent  such  place  of  business  while  in  the  act  of  using 
tobacco  in  any  form.  The  term  "place  of  business"  as  herein 
used  shall  apply  to  any  and  all  such  places  as  shops,  stores, 
factories,  offices,  theaters,  recreation  and  dance  halls,  pool 
rooms,  cafes,  restaurants,  hotel,  lodging  houses,  street  cars, 
interurban  and  railway  passenger  coaches  and  waiting  rooms. 
(Laws  1917,  ch.  166,  sec.  3.) 


CH.    33]  TOBACCO   AND   CIGARETTES.  247 

§  729.  Penalty.  Any  person,  company  or  corporation  vio- 
lating any  part  of  section  1,  2  or  3,  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  fined  not 
less  than  $25  or  more  than  $100  for  each  and  every  such 
offense.  (Laws  1917,  ch.  166,  sec.  4.) 

§  730.  County  Attorney  to  Make  Inquisition.  If  any  county 
attorney  of  any  county  or  city  attorney  of  any  city  within  the 
state  of  Kansas  shall  have  knowledge  of  any  violation  of  any  of 
the  provisions  of  the  foregoing  sections  of  this  act,  or  if  any 
other  officer  or  other  person  having  knowledge  of  the  same  shall 
notify  him  of  such  violation,  then  it  shall  be  his  duty  forthwith 
diligently  to  inquire  into  the  facts  of  such  violation  and  pro- 
ceed as  in  other  violations  of  law ;  and  for  the  purpose  of  such 
inquiry  he  is  hereby  authorized  to  issue  subpoenas  and  to  com- 
pel witnesses  to  testify,  as  is  provided  in  the  statutes  referring 
to  the  investigation  of  and  inquiry  into  the  violation  of  the  law 
respecting  the  sale  of  intoxicating  liquors.  And  the  attorney- 
general,  or  his  assistants,  are  hereby  authorized  to  assist  the 
county  attorneys  in  the  enforcement  of  this  act.  (Laws  1917, 
ch.  166,  sec.  5.) 


248  WARRANTS   AND  BONDS   LOST.  [CH.    34 


CHAPTER  XXXIV.— Warrants  and  Bonds  Lost  and 
Destroyed. 

§731.   Duplicates  may  be  issued.  I    §703.   Correspond  with  original. 

732.   Mutilated  warrant  or  bond.  I      734.   Record  of  duplicates. 

§731.  Duplicate  May  be  Issued.  [703]  Whenever  any  bond 
or  warrant  of  the  state  or  territory  of  Kansas,  or  any  county, 
city,  township,  or  school  district,  shall  become  so  far  mutilated 
as  to  become  unfit  for  circulation,  or  shall  be  lost  or  destroyed, 
a  duplicate  thereof  may  be  issued  by  the  officer  authorized  by 
law  to  issue  such  bonds  or  warrants,  under  the  regulations  and 
restrictions  hereinafter  prescribed.  (G.  S.  1868,  ch.  15,  sec.  1.) 

§  732.  Mutilated  Warrant  or  Bond.  [705]  On  the  delivery 
to  the  proper  officer  of  any  mutilated  bond  or  warrant,  a 
duplicate  of  such  bond  or  warrant  shall  be  issued  as  herein 
provided.  (G.  S.  1868,  ch.  15,  sec.  3.) 

§  733.  Correspond  with  Original.  [704]  Such  duplicate 
shall  correspond,  in  number,  date,  amount  and  coupons,  with 
the  original  bond  or  warrant,  and  shall  have  indorsed  on  its 
face,  and  on  the  face  of  each  coupon,  by  the  officer  issuing  the 
same,  the  word  "Duplicate,"  together  with  the  date  of  its  issu- 
ance. (G.  S.  1868,  ch.  15,  sec.  2.) 

§  734.  Record  of  Duplicates'.  [707]  Any  officer  issuing 
duplicates  under  this  act  shall  keep  a  record  showing  the  num- 
bers, dates  and  amounts  of  such  mutilated,  lost  or  destroyed 
bonds  or  warrants,  and  the  number  of  coupons  thereto  attached, 
together  with  the  date  of  issuance  of  the  duplicate  therefor, 
and  the  names  of  the  persons  to  whom  issued.  (G.  S.  1868, 
ch.  15,  sec.  5.) 


CH.    35]  WARRANTS,   REGISTRATION   OF.  249 


CHAPTER  XXXV.— Warrants,  Registration  of. 


§735.  How  and  to  whom  drawn. 

736.  Shall  be  sworn  to  before. 

737.  Shall  be  signed  by  and   attested  by. 

738.  Record  of  all  warrants. 


§740.   Payment  of  warrants. 

741.  Indorsed  when  no  funds. 

742.  Publication   of  lists. 

743.  Delivery  of  books  to  successor. 


739.  All  warrants  countersigned  by.  i      744.   Penalty. 

§  735.  How  and  to  Whom  Drawn.  [11693]  All  warrants 
shall  be  drawn  to  the  order  of  the  person  or  persons  entitled 
to  receive  the  same,  and  shall  specify  the  nature  of  the  claim 
or  service  for  which  they  were  issued  and  out  of  what  funds 
payable ;  and  the  term  "warrants,"  as  used  in  this  act,  shall  be 
understood  to  include  all  orders  of  any  kind  or  description 
authorized  by  law  to  be  drawn  on  public  treasurers  for  money 
payments.  (Laws  1891,  ch.  249,  sec.  1.) 

§  736.  Sworn  to.  [11694]  No  warrants  shall  be  issued  ex- 
cept under  due  authority  as  provided  by  law;  and  no  war- 
rants shall  be  issued  or  authorized  by  any  board  of  county 
commissioners,  city  council,  township  board,  school-district 
board,  or  board  of  education,  except  on  audited  account  duly 
itemized  in  writing  and  verified  by  affidavit,  setting  forth  that 
the  same  is  just  and  correct  and  remains  due  and  unpaid;  and 
for  the  purpose  of  such  affidavit,  the  chairman  of  the  county 
board,  the  mayor  of  the  city,  the  township  trustee,  the  director 
of  the  school  district,  and  the  president  of  the  board  of  educa- 
tion, and  the  respective  clerks  thereof,  shall  have  power  to 
administer  oaths.  (Laws  1891,  ch.  249,  sec.  2.) 

§737.  Signed  and  Attested.  [11695]  County  warrants 
shall  be  signed  by  the  chairman  of  the  board  of  county  com- 
missioners, and  attested  by  the  clerk;  city  warrants  shall  be 
signed  by  the  mayor,  and  attested  by  the  city  clerk ;  township 
warrants  shall  be  signed  by  the  township  trustee,  and  attested 
by  the  township  clerk ;  school-district  warrants  shall  be  signed 
by  the  director,  and  attested  by  the  clerk;  board  of  education 
warrants  shall  be  signed  by  the  president,  and  attested  by  the 
clerk.  (Laws  1891,  ch.  249,  sec.  3.) 

§  738.  Record.  [11696]  The  clerk  of  every  county,  town- 
ship, city,  school  district,  or  board  of  education  shall  keep  a 
correct  record  of  all  warrants  drawn  on  the  treasury  of  such 
county,  township,  city,  school  district,  or  board  of  education, 
showing  the  number,  date  and  amount  thereof,  on  what  fund 
drawn,  and  the  name  of  the  person  or  persons  to  whom  the 
same  are  made  payable.  (Laws  1891,  ch.  249,  sec.  4.) 

§  739.  Countersigned.  [11697]  Before  delivering  any  war- 
rant to  the  person  or  persons  for  whose  benefit  the  same  is 
drawn,  the  clerk  shall  present  the  same  to  the  treasurer,  who 
shall  enter,  in  a  book  by  him  kept  for  that  purpose,  the  num- 
ber, date  and  amount  of  such  warrant,  on  what  fund  drawn, 


250  WARRANTS,   REGISTRATION   OF.  [CH.    35 

and  the  name  of  the  payee,  and  thereupon  countersign  the 
warrant  upon  the  face  thereof.  (Laws  1891,  ch.  249,  sec.  5.) 

§740.  Payment.  [11698]  It  shall  be  the  duty  of  the 
treasurer  of  any  county,  city,  township,  school  district  or 
board  of  education  to  pay  on  presentation  any  warrant  prop- 
erly drawn  on  any  fund  in  his  custody  by  virtue  of  his  office, 
and,  when  paid,  write  across  the  face  of  such  warrant  the 
word  "Paid"  in  red  ink,  and  sign  the  same:  Provided,  That 
there  is  sufficient  money  in  his  possession  belonging  to  the  fund 
upon  which  such  warrant  is  drawn  to  pay  the  same.  (Laws 
1891,  ch.  249,  sec.  6.) 

§  741.  Indorsed.  [11699]  In  case  there  is  not  sufficient 
money  in  the  hands  of  such  treasurer  to  pay  any  warrant  when 
presented,  he  shall  indorse  thereon  a  proper  registered  num- 
ber, in  the  regular  order  of  its  presentation,  and  the  words, 
"Presented  and  not  paid  for  want  of  funds,"147  with  date,  and 
sign  said  indorsement;  and  he  shall  record  in  his  warrant 
register  the  number,  amount  and  date  of  all  such  warrants, 
to  whom  payable,  and  the  date  when  presented  for  payment, 
and  their  register  number  as  indorsed  thereon,  and  such  war- 
rants shall  be  paid  in  the  order  of  their  presentation  as  shown 
by  such  register;  and  no  warrants  shall  be  received  for  taxes 
by  any  county  treasurer  unless  he  shall  have  in  cash  a  sufficient 
sum  to  redeem  all  warrants  having  such  priority  over  the  war- 
rants so  offered  for  taxes.  (Laws  1891,  ch.  249,  sec.  7.) 

§742.  Publication  of  Lists.  [11700]  It  shall  be  the  duty  of 
any  treasurer,  whenever  any  money  comes  into  his  hands  by 
virtue  of  his  office,  to  set  apart  a  sufficient  sum  to  pay  any 
or  all  warrants  that  have  been  registered  in  compliance  with 
the  provisions  of  this  act,  and  to  keep  the  same  until  called 
for;  and  it  shall  be  the  duty  of  every  county,  township  and 
school-district  treasurer  to  publish  in  the  official  county  paper, 
and  of  every  city  treasurer  and  board  of  education  to  publish 
in  the  official  city  paper,  between  the  1st  and  15th  days  of 
February  and  August  in  each  year,  a  call  for  the  redemption 
of  such  warrants  as  he  can  pay,  describing  the  warrants  by 
giving  their  issue  number,  register  number,  and  amount;  and 
interest  shall  cease  on  each  of  said  warrants  on  and  after  such 
publication.  (Laws  1891,  ch.  249,  sec.  8.) 

§  743.  Books  Delivered.  [11701]  Every  county,  city  and 
township  treasurer  and  every  treasurer  of  a  school  district  or 
board  of  education  shall,  upon  the  expiration  of  his  term  of 
office,  deliver  to  his  successor  the  warrant  register  containing 
the  lists  of  warrants  originally  recorded  and  countersigned, 
and  presented  and  registered,  who  shall  in  all  things  act  as 
though  the  entries  of  such  warrants  were  made  by  himself. 
(Laws  1891,  ch.  249,  sec.  9.) 

147.    Such  warrants  bear  six  per  cent  interest  until  paid. 


CH.    35]  WARRANTS,   REGISTRATION   OF.  251 

§  744.  Penalty.  [11702]  Any  officer  of  any  county,  city, 
township,  school  district  or  board  of  education  who  shall  sign 
or  attest  any  warrant  not  duly  authorized  by  the  proper  board 
or  city  council,  and  any  treasurer  who  shall  countersign  any 
warrant  not  theretofore  signed  and  attested  by  the  proper 
officers  as  required  in  this  act,  shall  be  liable  to  the  county, 
city,  township,  school  district  or  board  of  education  in  the 
sum  of  such  warrant;  and  any  such  officer  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  of  not  less  than  $50  nor  more  than  $500.  (Laws  1891, 
ch.  249,  sec.  10.) 


252  FRANCIS   WILLARD  DAY.  [CH.    36 


CHAPTER  XXXVI.— Frances  Willard  Day. 

§745.   Observance  in  p.ublic  schools. 

§  745.    Observance  of  Frances  Willard  Day  in  Public  Schools. 

[9449]  That  September  28,  or  the  school  day  in  each  year 
hereafter  nearest  to  said  date,  shall  be  set  apart  and  designated 
as  "Frances  Willard  Day";  and,  in  every  public  school  in  the 
state  of  Kansas,  one  quarter  of  the  school  day  shall  be  set 
apart  for  instruction  and  appropriate  exercises  relative  to  the 
history  and  benefits  of  the  prohibitory  amendment  to  the  con- 
stitution and  the  prohibitory  laws  of  the  state  of  Kansas.  It 
shall  be  the  duty  of  all  state,  county,  city,  and  school-district 
officers,  and  of  all  public-school  teachers  in  the  state,  to  carry 
out  the  provisions  of  this  act.  (Laws  1915,  ch.  305,  sec.  1.) 


INDEX. 


PAGE  SEC. 

Academies,  eligible  for  normal  training  without  state  aid 211  620 

Accounts — auditing 9  ] 

Accredited  colleges: 

application  for  approval - 37  74 

examined  by.  State  Board  of  Education 38  75 

graduates  receive  state  certificates 38  78 

graduates  with  practice-teaching 39  79 

Act  of  admission,  educational  provisions 7 

Adjacent  territory  attached  for  school  purposes: 

cities  first  class 60  146 

cities  second  class 72  191 

Age,  compulsory  attendance 85  237 

Age,  school: 

cities  second  class 72  190 

school  districts 127  350 

Agriculture: 

special  normal-school  certificates 40  86 

special  state  certificates 35  67 

state  aid  in  normal  training  high  schools 211  622 

Agricultural  College.    (See  State  Agricultural  College.) 

Aid  to  high  schools: 

county  aid,  population  less  than  10,000 159  461 

federal  aid " 179  526 

duplication  of 143  406 

state  aid,  agriculture  and  domestic  science. .  .• 211  622 

state  aid,  industrial  training 180  533 

state  aid,  normal  training 210  618 

Aid  to  Lansing 142  404 

Alcoholic  stimulants: 

pupils  instructed  in  effects 49  115 

teachers  examined  on  effects 49  115 

Annexation  of  school  districts  to  other  districts 110  302 

disposal  of  property 110  304 

payment  of  indebtedness 110  303 

Annexation  of  territory  to  city 124  340 

appeal 125  342 

value  of  property 124  341 

Annual  meeting: 

board  of  education,  cities  first  and  second  class 54  131 

consolidated  school  district 114  115 

graded  school  district 114  315 

school  district 114  115 

union  district 114  315 

(See,  also,  District,  annual  meeting.) 

Annual  report: 

board  of  education,  cities  first  class 64  161 

board  of  education,  cities  second  class 78  212 

clerk  of  joint  district 131  365 

county  superintendent 99  271 

district  clerk 130  362 

trustees  of  county  high  school 156  448 

Annual  school  fund: 

apportioned  how 229 

consists  of  what ". 227  676 

(253) 


254  INDEX. 

Annual  school  fund — continued.  PAGE  SKO. 

county  treasurers  receive 227  679 

distributed  by  state  superintendent 229  688 

paid  to  county  treasurers  by  state  treasurer 227  678 

paid  to  district  treasurers  by  county  treasurer 227  680 

payment  by  insurance  companies 227  681 

report  of  state  treasurer  to  state  superintendent 220  650 

state  treasurer  to  keep  separate  account 220  650 

state  treasurer  to  receive 227  677 

subject  to  order  of  state  superintendent 227  677 

Aplington  Art  Gallery 203  599 

management 203  600 

part  of  Kansas  traveling  libraries 203  600 

Apparatus: 

purchase  without  approval,  penalty 243  719 

sale  without  approval,  penalty 243  718 

Appeal: 

adjustment  of  property,  district  annexed  to  city 125  342 

appraisement  of  condemned  property,  cities 58  139 

appraisement  of  land  condemned  for  site 123  338 

conviction  in  juvenile  court 194  575 

formation  or  alteration  of  school  districts 104  282 

joint  district  boundaries 113  313 

juvenile  court  to  district  court 189  554 

Appendages  for  schoolhouse • 137  388 

Apportionment  of  funds: 

Barnes  high  schools,  distribution  of  funds 167  494 

cities,  towns  or  villages  under  special  law 140  399 

Appraisement,  cities: 

appeal 58  139 

appointment  of  commissioners 56  137 

notice  of  appraisal 57 

report  of  commissioners 57  138 

Appraisement,  school  districts: 

appointment  of  appraisers 123  337 

schoolhouse,  change  of  site 122  336 

site  condemned 123  338 

Appropriation: 

agriculture  and  domestic  science  in  high  schools 211  622 

industrial  education 180  533 

normal  institute  fund 208  614 

normal  training  high  schools 211  621 

revolving  fund 238  710 

state  aid  to  school  districts 119  330 

Art  gallery.    (See  Aplington  Art  Gallery.) 

Assistant  county  superintendent 101  273 

Assistant  state  superintendent  public  instruction: 

appointment 228  686 

salary 228  686 

Asylums,  education  of  children  in 89  245 

Attachment  of  territory: 

cities  first  class 60  146 

cities  second  class 72  191 

Attendance,  compulsory.     (See  Compulsory  attendance.) 

Attendance  of  pupils,  daily  record 136  387 

Attorney-general : 

advise  state  superintendent 229  690 

collect  money  due  the  state 221  651 

enforce  law,  estates  of  deceased  persons  without  heir 224  664 

examine  bonds  and  proceedings 218  643 

member  board  of  school-fund  commissioners ..  217  640 


INDEX.  255 

Auditing  accounts:  PAGE  SKC. 

auditing  authorized 9  i 

auditing  committee • ' .- •  ]  IQ  2 

failure  to  report '  '  '  n  7 

filing  report 11  5 

information  to  be  given 11  g 

petition  of  taxpayers 11  Q 

publication  of  report 10  2 

qualifications,  oath  and  pay  of  committee 10  4 

Auditor.    (See  State  auditor.) 

Barnes  high  schools.    (See  High  schools,  Barnes  law.) 

Bible  may  be  used  in  schools 64  163 

78  214 

Bids,  when  required,  cities  second  class 78  213 

Biennial  report  of  state  superintendent 230  695 

Blanks  for  common  schools: 

distributed  by  county  superintendents 280  691 

prepared  by  state  superintendent 230  691 

Blind  children  must  be  sent  to  school 89  243 

Board  of  education,  cities  of  the  first  class: 

annual  meeting 54  131 

annual  report 64  161 

attach  adjacent  territory 60  146 

body  corporate 53  128 

bonds,  estimate 65  168 

bonds,  petition  for  election 66  169 

clerk,  bond,  oath 55  132 

condemn  property  for  school  purposes 56  137 

dealers  in  school  books  designated 238  710 

deficiency  shall  not  be  created 65  168 

districts,  city  divided  into 63  157 

election 53  128 

election,  commission-governed  cities 54  130 

eminent  domain 56  136 

estimates  of  cost  of  sites  and  buildings 65  168 

examining  committee 55  134 

expenditures,  limit  without  contract 64  162 

fire  protection 145  416 

fiscal  year 54  131 

high-school  fraternities,  expulsion  of  members 177  521 

high-school  teachers,  certificates 37  71 

incapacitated  children  examined 85  237 

industrial  training  provided 181  536 

investment  of  sinking  fund 67  172 

investment  of  teachers'  retirement  fund 214  632 

kindergartens 196  582 

liability  for  bonds  issued  in  excess  of  amount  voted 66  169 

limit  of  authority  to  levy  tax 63  155 

limit  of  expenditures  without  contract 64  162 

manual  training 61  147 

may  sue  in  its  own  name 64  158 

meetings,  regular  and  special *. 64 

members,  nomination,  election,  term 53 

members  receive  no  pay 62  152 

members  shall  not  be  city  commissioners  nor  members  of 

city  council 53 

money  levied  to  pay  coupons 69  180 

night  schools 205  604 

nomination  and  election  commission-governed  cities 54  130 

organization 

pay  cost  of  condemnation  proceedings 

penalty  for  failure  to  provide  for  fire  protection 146  420 


256  INDEX. 

Board  of  education,  cities  of  the  first  class — continued.                       PAGE  SEC. 

penalty  for  refusal  to  levy  tax  for  payment  of  coupons 69  179 

permit  temporary  absence 86  238 

personal  liability  of  members. : 65  168 

playgrounds,  purchase  or  lease .  .  .  .' 59  143 

powers 61  147 

president 62  149 

purchase  of  supplementary  textbooks 242  714 

purchase  of  textbooks,  revolving  fund 238  709 

refund  outstanding  bonds 68  176 

registry  and  signing  of  refunding  bonds 68  177 

remove  employees 54  131 

right  of  eminent  domain 56  136 

school  books  sold  to  patrons 238  709 

school  buildings  opened,  certain  uses 56  135 

school  fund  depositories 58  142 

school  property,  held  by  board 64  158 

school  property,  sale  of 64  159 

superintendent  of  schools 55  133 

tax: 

buildings 62  154 

industrial  training 180  535 

interest  and  sinking  fund 66  171 

interest  and  sinking  fund,  bonds  to  take  up  warrants. ...  70  184 

interest  coupons,  refunding  bonds 68  178 

playgrounds 60  144 

support  of  schools 62  154 

taxes  collected  subject  to  order  of  board 63  156 

term  of  members 53  128 

treasurer 62  151 

truant  officers 86  238 

vacancies,  how  filled 53  129 

vacancy  in  examining  committee 62  153 

Board  of  education,  cities  of  the  second  class: 

vice  president 62  150 

additional  school  grounds 83  229 

annual  meeting 54  131 

annual  report 78  212 

attach  adjacent  territory 72  191 

body  corporate 53  128 

body  corporate,  name 74  197 

bonded  indebtedness  of  annexed  territory 124  341 

bonds: 

authorized 78  215 

election : 81  220 

repairs,  with  approval  of  state  superintendent 78  215 

clerk 74  196 

bond 112  311 

compensation 74  196 

duties 55  132 

election 74  196 

may  be  member  of  board 74  196 

term 74  196 

condemn  property  for  school  purposes 56  137 

condemn  site  for  schoolhouse 123  338 

dealers  in  school  books  designated 238  710 

election 53  128 

election,  commission-governed  cities 54  130 

examining  committee 55  134 

exclude  children  between  ages  of  five  and  seven 72  190 

execution  of  bonds  to  pay  outstanding  warrants 81  221 

expenditures .  78  213 


INDEX.  257 

Board  of  education,  cities  of  the  second  class — continued.  PAGE  SEC. 

fire  protection 145  415 

fiscal  year 54  131 

high-school  teachers,  certificates 37  71 

high-school  fraternities,  expulsion  of  members 177  521 

incapacitated  children,  examination 85  237 

industrial  training  provided 181  536 

investment  of  sinking  fund 81  223 

kindergartens 196  582 

meetings 78  211 

members  for  attached  territory 72  191 

members,  nomination,  election,  term 53  128 

members  shall  not  be  city  commissioners  nor  members  of 

city  council 53  128 

night  schools 205  604 

nomination  and  election,  commission-governed  cities 54  130 

oath  of  office 78  210 

officers 74  196 

organization 74  196 

pay  cost  of  condemnation  proceedings 58  140 

payment  for  buildings  by  time  warrants  or  bonds 82  228 

penalty  for  failure  to  provide  for  fire  protection 146  420 

permit  temporary  absence 86  238 

powers 75  200 

president,  duties 75  201 

election 74  196 

property  conveyed  to,  by  city 75  198 

property  held  by  board 74  197 

purchase  of  supplementary  textbooks 242  714 

purchase  of  textbooks,  revolving  fund 238  710 

remove  employees 54  131 

right  of  eminent  domain 56  136 

school  books  sold  to  patrons 238  710 

school  buildings  opened  for  certain  uses 56  135 

school-fund  depositories  designated 58  142 

superintendent  of  schools 55  133 

tax: 

buildings 82  227 

indebtedness 77  207 

industrial  training 180  535 

interest  and  sinking  fund 81  222 

support  of  schools 77  206 

tax  levy,  limitation 77  207 

tax  levy,  limitation,  certain  cities 77  208 

treasurer,  bond 76  205 

duties 76  205 

election 76  204 

truant  officers,  appointment 86  238 

vacancies,  how  filled 53  129 

validity  of  official  acts 83  230 

vice  president,  duties 75  202 

election 74  196 

Board  of  education,  cities  of  the  third  class: 

condemn  property  for  school  purposes 56 

condemnation  proceedings,  cost 58 

right  of  eminent  domain 56 

school-fund  depositories  designated 58  142 

Board  of  Education,  State.    (See  State  Board  of  Education.) 
Bond: 

care  of  delinquent  children 191  559 

county  superintendent 

district  treasurer 132  372 

9 — School  Laws — 2728 


258  INDEX. 

Bond—  continued.  PAGE  SKC. 

secretary  State  School  Book  Commission 235  703 

state  superintendent  of  public  instruction 228  684 

treasurer,  board  of  education,  cities  first  class 62  151 

treasurer,  board  of  education,  cities  second  class 76  205 

treasurer,  board  of  trustees,  county  high  school 151  428 

Bonded  indebtedness: 

disorganized  districts 109  299 

merged  districts , 28  49 

refunding  of 19  29 

report  of  district  clerk  and  clerk  of  board  of  education  to 

county  clerk 132  370 

school  district  annexed  to  city 124  340 

territory  annexed  to  city 124  341 

Bonds: 

additional  bonds,  hearing,  election 15  15 

application  to  vote  additional  bonds .  14  14 

application  to  vote  additional  bonds  heard  by  commission.  .  .  15  15 

cancellation  by  fiscal  agents 23  38 

cancellation  by  state  treasurer 18  27 

cancellation  of  bonds  and  coupons  paid 225  670 

consolidated  bonds 224  665 

registration ...  224  666 

examined  by  attorney-general 218  643 

limitations  modified 14  12 

must  be  offered  to  School-fund  Commission 221  652 

payable  at  office  of  state  treasurer 18  24 

payment  before  maturity 17  22 

18  23 

penalty  for  neglect  of  duty 19  28 

purchased  by  School-fund  Commission 218  643 

record  by  auditor 23  38 

record  of  bonds  purchased  by  School-fund  Commission 219  648 

register  of  auditor  and  treasurer  compared 225  671 

register  of  bonds  offered  to  School-fund  Commission 218  643 

remittance  of  funds  to  state  treasurer 18  26 

School-fund  Commission  may  authorize  increase  in  amount  14  13 

state  treasurer  to  furnish  statement  of  amount  due 18  25 

validating  certain  bonds 172  507 

(See,  also,  Warrants  and  bonds  lost  and  destroyed.) 

Bonds,  board  of  education,  cities  of  first  class: 

authority  to  issue 65  168 

election 66  169 

estimate  of  cost  of  sites  and  buildings 65  168 

interest  paid  when  due 68  173 

limitation 66  169 

outstanding  warrants 70  181 

denominations 70  182 

payable,  when 70  182 

signature 70  182 

sold  at  par 70  183 

tax  for  interest  and  sinking  fund 70  184 

payment  of  interest  and  principal  secured 68  173 

purchased  with  sinking  fund 67  172 

rate  of  interest,  when  payable 66  170 

refunding  bonds  authorized 68  176 

registry  of  bonds  by  clerk  of  board 68  175 

registry,  refunding  bonds 68  177 

security 68  174 

tax  levy  for  interest  and  sinking  fund .  66  171 

Bonds,  board  or  education,  cities  of  the  second  class: 

authority  to  issue 78  215 

bonds  for  repairs  and  heating  plants 78  215 


INDEX.  259 

Bonds,  board  of  education,  cities  of  the  second  class — continued.     PAGE  SEC. 

election,  cities  second  class 78  215 

execution .  81  221 

four-year  bonds  for  buildings 82  227 

interest  paid  when  due 81  224 

interest  not  to  exceed  five  per  cent 78  215 

issued  for  what  purposes 78  215 

limit  of  bonded  indebtedness 78  215 

limit  of  bonds  in  certain  cities 80  219 

payable  in  twenty  years 78  215 

registry 82  226 

security 82  225 

tax  levy  for  interest  and  sinking  fund 81  222 

Bonds,  county  high  school,  population  over  2,000: 

authorized 153  437 

election 153  438 

issue  at  time  of  establishment 154  439 

levy  for  payment 154  441 

limitation 154  440 

Bonds,  county  high  school,  population  under  6,000: 

authorized .' 1 58  457 

election 158  458 

limitation 158  459 

unlawful  use 158  460 

Bonds,  funding: 

denominations 21  34 

payable  in  thirty  years 22  36 

registration 21  34 

school  districts 21  34 

townships 21  34 

Bonds,  refunding: 

board  of  education,  cities  first  class 68  176 

payable  within  twenty  years 68  176 

rate  of  interest 68  176 

refunded  bonds  canceled  and  destroyed 68  176 

registered  and  signed 68  177 

bonded  indebtedness  may  be  refunded 19  29 

bonds  and  coupons  paid  and  canceled .  .  27  46 

certified  statement  of  proceedings 23  39 

county  treasurer  to  levy  tax 25  43 

coupons  receivable  for  taxes '. 28  48 

disorganized  districts 30  55 

failure  to  levy  tax  for  interest  and  sinking  fund 24  42 

how  and  when  issued 20  31 

indebtedness  to  be  canceled 20  31 

indebtedness  not  to  be  increased 24  41 

installment  bonds  may  be  issued 25  44 

limitation  of  bonded  indebtedness 20  31 

merged  district,  district  officers  may  refund 28  49 

election  to  refund 29  53 

form  of  bond 28  50 

law  governing  indebtedness 

levy  for  interest  and  sinking  fund 

suits  respecting  bonds 29 

no  refunding  within  two  years  of  issue 20  31 

penalty  for  failure  to  levy  tax 24  42 

penalty  for  wrongful  use  of  funds 28 

record  of  proceedings  of  School-fund  Commission 226  675 

refunded  bonds  canceled 22  37 

registration  by  auditor 

registration  by  county  clerk 

School-fund  Commission  may  receive 

signed  by  whom 20 


260  INDEX. 

Bonds,  refunding — continued.  PAGE     SEC. 

sinking  fund  to  be  created 25       44 

sinking  fund,  investment  of 26       45 

stamped  by  auditor  and  charged  to  treasurer 225     674 

tax  levy  for  interest  and  sinking  fund 24       42 

Bonds,  school  district: 

authority  to  issue 12         9 

canceled  and  destroyed  on  payment 17       21 

denominations 13 

disorganized  district 30       55 

disposal : 13       11 

election 12 

conduct  under  general  laws 

notice  of  election 13 

ordered  by  district  board 13       10 

petition 12         9 

funding 21       34 

interest,  rate  of 

interest  payable  semiannually 

limitation  of  amount 

limitation  in  certain  cities . .• 15       16 

payable  within  fifteen  years 

penalty  for  issue  without  authority 16       20 

penalty  for  unauthorized  use  of  bonds 16      20 

purpose  for  which  issued 12 

refunding  outstanding  warrants 20       32 

registration 15       17 

school  population  required 12 

signed  by  director  and  clerk 

tax  levy  for  interest  and  sinking  fund 16       18 

union  or  graded  school  district 237     396 

Books  of  reference  not  excluded  by  State  School  Book  Commis- 
sion   140     707 

Boundaries,  school  district: 

changed  by  county  superintendent 103     280 

description  furnished  to  county  clerk 1C6     285 

map  furnished  to  assessors 106     286 

reestablished  in  case  of  error 106     288 

reestablished,  records  lost  or  destroyed 106     287 

Branches  taught  in  district  schools 125     343 

Buildings: 

boards  of  education  may  open 56 

bonds  for  buildings,  cities  first  class 65     168 

cities  second  class 81     221 

school  districts 12 

county  high  schools 152     436 

estimate  of  cost,  cities  first  class 65     168 

limitation  of  cost,  cities  second  class 82 

tax  levy  for  buildings,  cities  first  class 62     154 

tax  levy  for  buildings,  certain  cities  second  class 82     227 

Business  colleges: 

notes  or  contracts  void,  when 32       61 

penalty  for  canvassing  without  permit 

permit  to  canvass 31       57 

permit  shown  by  agent 31       59 

revocation  of  permit 31       58 

Census,  annual  school: 

age 6 

items  recorded ' 89     242 

oath  of  parent 89     242 


INDEX.  261 

Certificates,  teachers':  PAGE  SEC. 

cancellation 42  94 

common-school  certificates  issued  by  State  Normal  School  ...  39  80 

county  certificates 42 

applicants  from  other  counties 43  98 

elementary  schools 45  106 

examinations 43  97 

first  grade 46  109 

renewal 46  109 

grades  of  county  certificates 45  106 

high-school  credits  for  second  and  first  grade 47  110 

exemption 48  111 

indorsement  of  first-  and  second-grade  certificates  in 

other  counties 45  106 

issued  by  county  board  of  examiners 43  97 

issued  only  on  examination 48  113 

record  of  candidates  by  county  superintendent 96  268 

renewal  of  first  grade 46  109 

48  111 

revocation 48  114 

second  grade 46  108 

temporary : 48  112 

third  grade 45  107 

valid  in  elementary  schools  in  county  where  issued 45  106 

industrial  training : 181  537 

issued  by  other  states 41  88 

life  certificates 34  65 

life  diplomas : 34  66 

normal  institutes 207  610 

conductors 207  610 

instructors 207  610 

normal  training  certificates 35  68 

examination 35  68 

expenses 35  68 

fee  paid  by  applicant 35  68 

fee  paid  by  high  school '. .  .  .  35  68 

graduates  from  normal  training  high  schools 35  68 

renewal 35  68 

term,  two  year 35  68 

registration: 

by  county  superintendent  or  clerk  of  board 41  89 

by  state  superintendent 40  87 

state  certificates: 

cancellation 42 

certificates  issued  in  other  states 41  88 

countersigned  by  state  superintendent 33  62 

diploma  of  State  Normal  School 39  80 

elementary  schools . .                                                           ...  33  63 

36  69 

examination .  .                                                        33  63 

34  65 

graduates  of  accredited  institutions 38  76 

life  certificate 38  76 

three-year  certificate 38  76 

high-school  teachers 37  71 

high  schools .  .                                          33  63 

34  65 

for  experience 

lapsed  life  certificates 

no  revival  by  statute 42  95 

renewal 42  93 

life  certificates  by  renewal  of  three-year 34  65 


262  INDEX, 

Certificates,  teachers' — continued.                                                         I>A<;1:  SK<- 

life  diplomas 34  66 

registration  by  county  superintendent  or  clerk 41  89 

registration  by  state  superintendent 40  87 

renewal: 

lapsed  certificates 42  93 

permanent 34  64 

permanent  elementary 36  70 

special  certificates 35  67 

three-year  certificates .  .  .    33  63 

34  65 

36  69 

revocation 48  114 

signed  by  state  superintendent 40  87 

special  certificates • 35  67 

agriculture 35  67 

commercial  branches 35  67 

domestic  art 35  67 

domestic  science 35  67 

drawing 35  67 

kindergarten 35  67 

manual  training 35  67 

music 35  67 

physical  training 35  67 

State  Board  of  Education  may  issue 33  62 

231  697 

temporary  certificates 37  73 

three-year  elementary 36  69 

three-year  renewable  for  life 34  65 

three-year  renewable  for  three-year  periods 33  63 

valid,  where 33  62 

void,  when 42  93 

State  Normal  School  certificates: 

certificates  issued  before  September  1,1916 40  85 

common-school  certificate 39  80 

diploma 40  84 

diploma  a  legal  certificate 39  80 

life  certificate 40  83 

one-year  certificate 39  81 

registration 41  89 

special  certificates 40  86 

three-year  certificates 40  82 

Challenge,  voter  at  district  meeting 115  319 

Chancellor  State  University,  member  State  Board  of  Education .  .  231  696 

Change  of  site 122  336 

Charts: 

purchase  without  approval,  penalty 243  719 

sale  without  approval,  penalty 243  717 

Child  labor: 

children  under  fourteen 50 

children  under  sixteen 50  117 

hours  of  employment 50  118 

public  notice 50  120 

penalty 52  127 

work  permits: 

blanks  furnished 52  123 

issued,  when 51  121 

kept  on  file 50  119 

returned 52  124 

revoked..                                              52  125 

verified..  51  122 


INDEX.  263 

Children:  PAGE  SEC. 

arrested  children  under  sixteen  years  of  age 189  553 

jurisdiction  of  juvenile  court 189  553 

attendance  at  school  compulsory 85  237 

children  in  asylums  to  be  educated 89  245 

detention  home  for  homeless 192  564 

delinquent  children 185  545 

care 188  551 

care  to  be  parental 190  557 

committed  to  care  of  probation  officer 188  551 

custody 187  548 

custody  revoked 188  552 

dependent  or  neglected  children 185  544 

adoption 187  550 

care 187  549 

custody 191  560 

custody  revoked •. 188  552 

jurisdiction  of  juvenile  court 194  571 

employment 50  116 

children  under  fourteen . 50  116 

children  under  sixteen 50  117 

penalty 52  127 

exclusion  of  children  under  seven  years,  cities  second  class... .  72  190 

incapacitated,  exempt  from  school  attendance 85  237 

Cigarettes,  unlawful  to  sell  or  give  away 246  726 

Cities 53 

Cities  of  the  first  and  second  class 53 

Cities  of  the  first  class 60 

adjacent  territory  attached 60  146 

annual  report,  board  of  education 64 

board  of  education 53  128 

limitations  in  certain  cities 198  589 

bonds 65  168 

bonds,  cities  less  than  16,000  population 70  185 

denominations 71  186 

payment 71  186 

sold  at  par 71  187 

tax  for  interest  and  sinking  fund 71  188 

warrants  delivered 71  187 

bonds  for  outstanding  warrants 70 

city  composes  school  district 63  157 

definition,  city  first  class 60  145 

dental  inspection,  cities  of  40,000 64 

certificate  of  inspection 65 

employment  of  dentists 65 

regulations 65 

election,  board  of  education 54 

eminent  domain,  right  of 56 

examining  committee 55 

expenditures,  board  of  education;  contracts 64  162 

fire  marshal  shall  inspect  school  buildings 145 

free  textbooks  provided  if  authorized  by  vote 2 

high-school  extension 177  522 

high-school  teachers 37  71 

investment  of  sinking  fund 67  172 

limit  tax  levy,  board  of  education 63 

minimum  term  of  eight  months 117 

money  levied  to  pay  coupons 69 

night  schools 205  604 

nomination  and  election,  board  of  education 

penalty  for  refusal  to  levy  tax  for  payment  of  coupons 69 

playgrounds,  purchase  or  lease 

property  appraised  and  condemned  for  school  purposes 56 


264  INDEX. 

Cities  of  the  first  class — continued.  PAGE  SEC. 

registration  of  certificates 41  89 

religious  doctrine ; 64  163 

right  of  eminent  domain 56  136 

sale  of  property 64  159 

school  buildings  may  be  opened  for  certain  uses 56  135 

school  fund  depositories 58  142 

school  property  exempt  from  taxation 64  164 

school  property  held  by  board  of  education 64  158 

sectarian  doctrine 64  163 

separate  district  or  truancy  act 87  239 

separate  schools  for  white  and  colored  children 61  147 

superintendent  of  schools 55  133 

taxation: 

annual  levy  for  support  of  schools 62  154 

interest  coupons,  refunding  bonds 68  178 

interest  and  sinking  fund 66  171 

limitations 63  155 

limitations  in  certain  cities 198  589 

playgrounds 60  144 

(See,  also,  Taxation,  cities  first  class.) 

taxes  subject  to  order  of  board  of  education 63  156 

teachers'  retirement  fund 214  631 

territory  annexed,  indebtedness 124  340 

title  to  condemned  land,  appeal 58  139 

treasurer  board  of  education 62  151 

truant  officer 87  239 

vacancy  in  board  of  education 53  129 

vacancy  in  examining  committee 62  153 

vacancy,  officers  and  employees  of  board  of  education 54  131 

(See,  also,  Board  of  education,  cities  first  class.) 

Cities  of  the  first,  second  and  third  class 55 

Cities  of  the  second  class 72 

additional  school  grounds 83  229 

adjacent  territory  may  be  attached 72  191 

annual  report  board  of  education 78  212 

appeal,  title  to  condemned  land 58  139 

authority  to  issue  bonds  to  complete  building 79  216 

board  of  education 53  128 

(See,  also,  Board  of  education,  cities  second  class.) 

bonds 78  215 

bonds,  limit  in  certain  cities 80  219 

election  necessary 80  217 

supplemental  act 80  218 

to  complete,  equip  and  furnish  school  building 79  216 

changed  to  third  class 83  231 

contract  required,  when 78  213 

conveyance  of  property  to  board  of  education 75  198 

execution  of  conveyance 75  199 

definition,  cities  second  class 72  189 

election  board  of  education 54  130 

elections,  expense  paid  by  board  of  education 73  193 

eminent  domain,  right  of 56  136 

examining  committee 55  134 

execution  of  conveyance  of  property 75  199 

expenditures 78  213 

fire  protection 145  416 

free  common  schools 72  190 

free  textbooks  provided  if  authorized  by  vote 238  709 

high-school  extension 177  522 

high-school  teachers 37  71 

indebtedness  of  territory  annexed 124  340 


INDEX.  265 

Cities  of  the  second  class — continued.  PAGE  SEC. 

investment  of  sinking  fund 81  223 

length  of  school  term 72  190 

minimum  term  eight  months 117  323 

night  schools 205  604 

nomination  and  election,  board  of  education 54  130 

payment  for  buildings  by  time  warrants  or  bonds 82  227 

public  schools  a  body  corporate 74  1S7 

property  appraised  when  condemned  for  school  purposes 56  137 

property  condemned 56  137 

property  of  territory  annexed • 124  340 

registration  of  state  certificates 41  89 

right  of  eminent  domain 56  136 

school  age 72  190 

school  buildings  opened  for  certain  use 56  135 

school  elections,  expenses 73  193 

school  fund  depositories •    58  142 

sectarian  doctrine 78  214 

separate  district  for  truancy  act 87  239 

superintendent  of  schools 55  133 

taxation 77  206 

annual  school  tax 77  206 

buildings,  certain  cities 82  227 

interest  and  sinking  fund 81  222 

limitation 77  207 

limitation  in  certain  cities 198  589 

limitation,  certain  cities 77  208 

to  pay  indebtedness 77  207 

whole  city  taxed 78  209 

territory  attached,  vote  of  residents 73  192 

territory  detached  by  county  superintendent 74  195 

territory  in  school  district  remains  attached,  city  changed 

from  third  to  second  class 74  194 

treasurer  of  board  of  education 76  204 

truant  officer 86  238 

Cities  of  the  third  class 84 

change  to  second  class 74  194 

defined 84  235 

eminent  domain,  right  of 56  136 

no  portion  detached  from  school  district 84  236 

one  school  district 84  236 

property  appraised  and  condemned . 56  137 

school  fund  depositories 

schools  governed  as  district  schools 84  235 

tax  levy  limited 116  321 

territory  in  school  district  remains  attached,  city  changed 

from  third  to  second  class 74  194 

title  to  condemned  land,  appeal 58  139 

Cities  changed  from  second  to  third  class: 

election  for  change 83  231 

officers  hold  over 84  232 

old  ordinances  in  force 

taxes  for  indebtedness 84  23c 

Cities  under  special  law  receive  public-school  fund .  . 

City  attorneys,  assist  probation  officers 190  555 

Clerk,  board  of  education,  cities  of  first  class: 

bond 61  148 

certify  number  of  members  of  board  to  be  elected 54 

duties 55  132 

election,  oath 148 

register  bonds 

registration  of  state  certificates 

report  certificates  registered 


266  INDEX. 

Clerk,  board  of  education,  cities  second  class — continued.  PACE  SEC. 

school  books,  requisition  for 238  709 

school  books,  sale  to  patrons 238  709 

sign  refunding  bonds 68  177 

Clerk,  board  of  education,  cities  second  class: 

bond 76  203 

certify  number  of  members  of  board  to  be  elected 54  130 

compensation 74  196 

duties 55  132 

election 74  196 

may  be  member  of  board 74  196 

register  bonds 84  226 

register  state  certificates 41  90 

school  books,  requisition  for 238  709 

school  books,  sale  to  patrons 238  709 

term 74  196 

Clerk,  board  of  education,  city,  town  or  village  under  special 

law,  report  to  county  superintendent 140  399 

Clerk,  rural  high  school  district,  certify  tax  levy 173  510 

Colleges: 

accredited  by  State  Board  of  Education 37  74 

examined  by  State  Board  of  Education 38  75 

graduates  may  receive  state  certificates. 38  78 

Collegiate  department  of  state  school  system 5 

Colored  children,  separate  schools,  cities  first  class 61  147 

Commercial  branches: 

special  normal  school  certificates 40  86 

special  state  certificates 35  67 

Commissioners,  state  school  fund.    (See  School-fund  Commis- 
sioners.) 

Common-school  diploma: 

average  grade  required 126  345 

credit  on  school  work 126  345 

examinations '. 126  346 

dates 126  346 

expense  paid  by  county 126  346 

grade  required 126  345 

grades  of  80  per  cent  carried  two  years 126  345 

places 126  346 

questions  prepared  by  State  Board  of  Education 126  347 

subjects 126  345 

uniform  examinations  throughout  the  state 127  348 

granted  on  completion  of  course  of  study 125  344 

rural  and  graded  schools 125  344 

Common-school  fund: 

fines,  penalties,  etc 95  264 

money  unclaimed 95  263 

religious  sect  shall  not  control 6 

Common  schools: 

course  of  study  prepared  by  State  Board  of  Education ......  231  697 

fines  applied  for  support.    (See,  also,  Districts.) 

Compensation: 

assistant  county  superintendent 101  273 

board  of  county  examiners 42  96 

clerk  board  of  education,  cities  second  class 74  196 

county  superintendent 100  272 

members  State  Board  of  Education 231  696 

members  State  School  Book  Commission 234  702 

parents,  for  conveying  pupils 121  333 

92  250 

probation  officers 185  545 

secretary  State  Board  of  Education 232  698 

secretary  State  School  Book  Commission 235  703 


INDEX.  267 

Compensation — continued.  PAGE  SBC. 

state  superintendent  public  instruction 228  685 

treasurer  board  of  education,  cities  first  class 62  151 

truant  officers 88  240 

trustees,  county  high  schools 156  450 

Compulsory  education 85 

Compulsory  school  attendance 85  237 

age  eight  to  sixteen  years 85  237 

annual  school  census 89  242 

children  in  asylum 89  245 

children  incapacitated 85  237 

deaf,  dumb  and  blind 89  243 

employment  unlawful 86  238 

exemption 85  237 

graduates  from  common  schools  exempt 85  237 

incorrigible  pupils 87  239 

juvenile  court  has  jurisdiction 86  238 

parents  responsible 87  239 

penalty 89  244 

temporary  absence  in  emergency 86  238 

teachers  to  report 88  241 

truant  officers 86  238 

appointment 86  238 

compensation 88  240 

complaint 86  238 

duties 86  238 

notice  to  parents 86  238 

report  to  parents 87"  239 

Condemning  property  for  school  purposes: 

cities 56  137 

cost  of  proceedings 58  140 

land  on  which  schoolhouse  has  been  built 135  382 

rural  high  schools 174  512 

school  districts 123  338 

Consolidation  of  school  districts 91  246 

annual  meeting 114  315 

county  superintendents  may  combine  districts 91  246 

county  superintendent  to  be  notified 93  252 

duties  and  powers  of  board 93  256 

name  of  union  district 93  255 

powers  of  district  meetings  and  district  board '. 93  251 

procedure 91  247 

property  of  district 93  254 

record  of  boundary 93  253 

transportation  of  pupils .  .                                                          ...  92  249 

92  250 

union  with  district  containing  graded  school 92  248 

Constitution,  educational  provisions 5 

Contagious  diseases 127  353 

duty  of  parent  and  guardian 127  353 

pupil  infected  excluded  from  school 127  352 

Contracts: 

Annulling  contracts  by  teachers 

cities  first  class,  when  required 64  162 

cities  second  class,  when  required 78 

district  board  with  relatives,  void 136  386 

officers  prohibited  from  taking  contract 144  411 

School  Book  Commission 234  702 

teachers',  when  districts  are  combined 

teachers',  to  be  in  writing 135  384 

Conveyances  of  property,  cities  second  class  to  board  of  educa- 
tion    75 

Conveyances  executed 


268  INDEX. 

Conveyance  of  pupils:                                                                              PAGE  SEC. 

compensation  to  parents 121  333 

consolidated  districts 92  249 

expense  of  sending  pupils  to  other  districts 121  334 

provided  by  district  board 121  334 

school  discontinued,  certain  districts 120  332 

County  aid  to  high  schools,  population  less  than  10,000 159  461 

counties  exempt 161  472 

county  commissioners  may  provide 159  461 

county  superintendent,  duty  of 161  471 

county  treasurer,  duty  of 160  468 

course  of  study 159  462 

entrance  certificate 159  463 

free  tuition 159  463 

petition 160  470 

report  of  principal 160  469 

tax  levy  by  county  commissioners 160  470 

tax  levy,  limitation 160  466 

use  of  funds 160  467 

County  aid  to  school  districts 117  324 

County  attorney: 

assist  probation  officers 190  555 

investigate  claims  on  estates  of  deceased  persons  without 

heirs 223  661 

prosecute  complaints,  compulsory  school  attendance  law 86  238 

County  board  of  examiners: 

appointment 42  96 

compensation 42  96 

examinations  for  common-school  diplomas 126  346 

examinations  for  county  teachers'  certificates 43  97 

examinations  for  high-school  credits 47  110 

examinations  for  normal  training  certificates 43  68 

qualifications 42  96 

term 42  96 

County  certificates.     (See  Certificates,  county.) 
County  clerk: 

cancel  registry  of  bonds  and  coupons  paid 17  21 

certify  valuation  of  school  districts 96  268 

notify  county  commissioners  of  vacancy,  in  office  of  county 

superintendent 102  276 

place  school  district  levy  on  tax  roll 138  391 

reduce  excessive  tax  levy 199  590 

register  school  district  bonds. 15  17 

report  school  money  to  county  superintendent 94  258 

County  commissioners: 
appeal  to: 

adjustment  of  school  property 125  342 

formation  or  alteration  of  school  districts 104  282 

appointments: 

appraisers,  when  schoolhouse  site  changed  , 123  337 

board  of  examiners 42  96 

board  of  trustees  county  high  school 150  426 

truant  officers 86  238 

appropriation  for  normal  institute 207  611 

approve  attachment  of  disorganized  district 108  296 

approve  changes  in  district  boundaries 103  280 

call  election  on  establishing  county  high  school 149  425 

employ  teachers  county  high  schools,  population  under 

6,000 157  454 

establish  high  school  at  county  seat 157  451 

levy  tax: 

aid  to  high  schools,  counties  of  less  than  10,000 161  471 


INDEX.  269 

County  commissioners — continued.  PAGE  SEC. 

aid  to  school  districts 118  325 

Barnes  high  schools 167  493 

detention  home 193  557 

high  schools  in  certain  districts 160  470 

indebtedness  of  Barnes  high  schools 166  490 

indebtedness  of  depopulated  district 107  289 

indebtedness  of  disorganized  districts 110  303 

school  districts 138  391 

make  provision  for  aid  to  high  schools 159  461 

notice  and  report  on  condemnation  of  land  in  cities 57  138 

provide  payment  of  indebtedness,  disorganized  district 108  297 

County  examinations.     (See  Examinations,  county.) 42  96 

County  high  schools.    (See  High  schools,  county.) 149 

County  school  fund 94 

apportionment 98  270 

collected  and  paid  over  by  county  treasurer 94  257 

fines,  penalties  and  forfeitures 95  264 

paid  to  proper  officers 95  260 

penalty,  county  treasurer 95  262 

proceeds  of  fines  and  estrays  reported  by  justice  of  peace.  ...  94  259 

report  by  county  clerk  to  county  superintendent 94  258 

unclaimed  money 95  263 

County  superintendent  of  public  instruction 96 

administer  oaths 103  278 

agent  of  State  Orphans'  Home Ill  307 

annex  districts  without  school 110  302 

annex  district  to  district  with  graded  school 92  248 

annual  report  to  state  superintendent 99  271 

appeal  in  formation  or  alteration  of  school  districts 104  282 

appeal  in  joint-district  boundaries 113  313 

appeal  to,  by  suspended  pupil 137  389 

appoint  member  of  district  board,  office  forfeited 129  357 

appoint  time  and  place  for  first  district  meeting 105  283 

appoint  to  fill  vacancies  in  district  board 102  275 

apportion  school  fund 98  270 

approve  boundaries  of  rural  high-school  districts ;  .  171  505 

assistant 101  274 

attach  territory  of  disorganized  district 108  296 

bond 96  267 

boundaries: 

district 106  285 

joint  district 113  312 

certify  amount  due  districts  from  state  and  county 118  326 

certify  amount  due  school  districts  from  county 118  325 

certify  assessed  valuation  of  property  to  district  clerk 96  268 

certify  money  necessary  to  aid  high  schools,  counties  of  less 

than  10,000 161  471 

certify  number  of  teachers  in  Barnes  high  schools 167  493 

chairman,  board  of  county  examiners 42  96 

change  district  boundaries .  . 103  280 

clerk  hire 100  272 

combine  district 91  246 

compensation 

compensation  of  assistant 101  274 

compensation  as  agent  of  State  Orphans'  Home Ill  307 

compensation  prescribed  by  law 

convention  of  district  boards 98  269 

designate  time  and  place  for  meeting,  consolidated  district . . 

detach  territory,  city  second  class 

determine  value  of  property,  new  district 

disorganize  depopulated  district 107  291 


270  INDEX. 

County  superintendent  of  public  instruction — continued.                   PAGE  SEC. 

disorganize  partially  depopulated  district 107  293 

disorganize  partially  depopulated  districts  on  petition 108  295 

disorganize  partially  depopulated  district  without  petition, 

when 108  295 

disposal  of  property  disorganized  district 109  300 

district  boundaries 106  285 

106  286 

106  287 

106  288 

distribute  funds  disorganized  district 109  299 

divide  county  into  school  districts 103  280 

divide  territory  of  districts  annexed  to  other  districts 110  302 

division  of  property  on  dissolution  of  union  school  district .  .  .    142  403 

duties,  general 96  268 

elected  in  each  county 5 

employ  deputy,  when Ill  305 

employ  teacher,  failure  of  school  district 119  328 

estate  of  deceased  person  without  heir 222  656 

examine  clerk's  report 96  268 

find  estimated  expenditures  and  income  districts  receiving 

state  aid 118  327 

form  districts  within  Indian  reservation 104  281 

form  truant  districts 86  238 

formation  of  joint  districts 112  311 

furnish  description  of  district  boundaries  to  county  clerk ....    106  285 

furnish  information  on  indebtedness  depopulated  districts .  .  .    107  289 

furnish  map  of  school  districts 106  286 

inspect  work  of  county  normal  institutes 96  268 

issue  temporary  certificates 48  112 

joint-district  boundaries. 113  312 

joint  districts,  formation 112  311 

jurisdiction  over  joint  districts 113  313 

keep  list  of  district  officers 103  280 

keep  office  open 96'  268 

levy  tax  and  employ  teacher  on  failure  of  district 82  228 

levy  tax  to  pay  indebtedness,  part  of  district  annexed  to 

city 124  341 

levy  tax,  Barnes  high  schools,  when 167  493 

make  provision  for  aid  to  high  schools 159  461 

member  board  of  trustees  county  high  school 150  426 

name  places  for  diploma  examinations 126  346 

neglect  or  refusal  to  perform  duty Ill  306 

nominate  truant  officers 86  238 

notice,  estate  of  deceased  person  without  heir 223  659 

notice,  formation  of  school  district 105  283 

notice,  special  district  meeting,  no  annual  meeting  held 114  316 

notice  special  meeting,  new  district 105  283 

notify  truant  officers 88  241 

normal  institute  held  by  county  superintendent 207  609 

appointment  conductor  and  instructors 207  610 

disbursement  of  funds 208  615 

fees  collected 207  611 

fees  transmitted  to  county  treasurer 208  613 

meeting,  time  and  place  determined 207  610 

union  institutes ,  .   208  616 

number  school  districts 103  280 

oath 96  267 

payment  of  school  orders  depopulated  district .    107  290 

penalty: 

failure  to  provide  for  seven  months'  school 119  328 

failure  to  visit  schools 100  272 

receiving  bonus .    144  410 


INDEX.  271 

County  superintendent  of  public  instruction — continued.                   I-AGB  SEC. 

power  to  administer  oaths ; 103  278 

president  board  of  trustees  county  high  school 151  428 

price  lists  of  school  books 241  712 

provide  for  sending  pupils  to  other  districts 91  246 

public  meetings 96  268 

purchase  school  district  record  books 103  279 

qualifications 96  265 

record  of  attachment  of  territory  to  rural  high-school  dis- 
trict    175  514 

reestablish  boundary  lines,  record  lost 106  287 

reestablish  boundary  lines,  error 106  288 

records 96  268 

record  of  boundary,  union  district 93  253 

register  of  teachers 96  268 

register  state  certificates  and  normal  school  diplomas 41  90 

report  certificates  registered  to  state  superintendent 42  92 

report  population  of  depopulated  district 107  292 

report  to  state  superintendent  quarterly '. 96  268 

send  pupils  to  other  districts 91  246 

supervise  high  schools  with  county  aid 159  464 

teachers'  associations 96  268 

term  of  office 96  266 

territory  annexed  to  cities  of  first  or  second  class 124  341 

traveling  expenses 100  272 

trespassers  on  school  land Ill  308 

vacancy  in  office  filled  by  county  commissioners 102  276 

visit  each  school  in  county 96  268 

visit  indentured  pupils  of  reform  school 183  540 

County  treasurer: 

apply  to  state  treasurer  for  money  apportioned  to  county ....  227  679 

collect  school  district  tax  and  pay  to  district  treasurers 138  391 

collect  and  pay  over  county  school  fund 94  257 

compensation  not  allowed,  county  or  state  school  funds 95  261 

credit  interest  on  sinking  fund 16  19 

custodian  normal  institute  fund 208  612 

financial  statement  to  district  clerks 131  363 

joint  district  funds 114  314 

levy  tax  for  refunding  bonds 25  43 

pay  Barnes  high-school  funds  to  district  treasurers 170  503 

166  492 

pay  county  fund  to  district  treasurer 94  257 

pay  county  high-school  tax  to  treasurer  county  high  school .  .  152  434 
pay  district  treasurers  high-school  funds,  counties  less  than 

10,000 160  468 

pay  orders,  depopulated  districts 107  290 

pay  orders,  disorganized  districts 109  298 

pay  school  money  to  district  treasurers 133  374 

pay  state  school  money  to  district  treasurers 227  680 

penalty: 

failure  to  levy  tax  for  refunding  bonds 25  43 

failure  to  pay  over  county  school  fund 94  257 

failure  to  pay  over  school  money •.  .  .  95  262 

violation  Barnes  high-school  act 171  504 

receive  school  money  for  state  treasurer 227  679 

remit  to  state  treasurer  money  to  pay  bonds  and  coupons .... 

report  bonds  and  coupons  canceled 

time  for  payment  to  district  treasurers 

Course  of  study: 

Barnes  high  schools 169  498 

college  and  university,  approved  by  state  Board  of  Educa- 
tion . .                                                   37  ?4 


272  INDEX. 

Course  of  study — continued.                                                                     PAGE  SEC. 

common  schools 231  697 

county  high  schools 155  444 

district  schools: 

branches  taught 125  343 

effects  of  alcoholic  stimulants 49  115 

high  schools: 

Barnes  high  schools 169  498 

county 155  444 

counties  with  less  than  6,000  population 157  452 

rural  high  schools 175  515 

with  county  aid 159  462 

industrial  training 170  537 

night  schools 205  607 

normal  institutes .  . 231  697 

public  schools 231  697 

Courses  of  study  prescribed  by  State  Board  of  Education 231  697 

Custodian  dependent,  neglected,  delinquent  child 186  547 

Custody  of  dependent  or  neglected  children 191  560 

Deaf  children  sent  to  special  school 89  243 

Degree  conferred  by  State  Normal  School 40  84 

Delinquent  children 185  544 

Dental  inspection,  cities  of  40,000 64  165 

Dependent  children 185  544 

Depopulated  district 107  289 

county  treasurer  shall  pay  orders 107  290 

definition 107  292 

disorganized  by  county  superintendent 107  291 

Deputy,  employment  by  county  superintendent Ill  305 

Detention  home: 

government 192  565 

homeless  children 192  564 

record  of  inmates 193  566 

tax  for  support  and  maintenance 193  567 

Diplomas: 

common  school.     (See  Common-school  diploma.) 125  344 

state  life  diploma 34  66 

State  Normal  School  diploma 40  84 

Director  of  school  district 129  358 

duties 129  358 

election 128  355 

sign  orders  on  county  treasurer 133  374 

sign  orders  on  district  treasurer 133  373 

suspend  pupils 137  389 

term 128  355 

Discontinuation  of  school: 

certain  districts 120  332 

expense  of  sending  pupils  to  other  districts 121  334 

provision  made  by  annual  meeting 121  334 

pupils  sent  to  adjacent  district 120  332 

state  fund  not  forfeited 121  334 

Disorganized  districts: 

bonds 38  75 

depopulated  district  disorganized  by  county  superintendent.  .    107  291 

distribution  of  funds 109  299 

disposal  of  property 109  300 

floating  indebtedness 108  297 

orders  paid  by  county  treasurer 109  298 

partially  depopulated  district 107  293 

territory  attached  to  adjoining  district 107  291 

territory  attached  not  liable  for  debt  of  district 110  301 

Dissolution  of  union-school  districts. .                                                 .    141  401 


INDEX.  273 

District  boards:  PAGE  SEC. 

admit  scholars  from  adjoining  district 135  383 

adopt  regulations  for  use  of  schoolhouse 134  380 

appendages  for  schoolhouse 137  388 

appoint  librarian 202  597 

assess  tuition  fee 128  354 

build,  hire  or  purchase  schoolhouse 134  378 

call  special  meetings 114  315 

care  of  schoolhouse  and  property 134  379 

condemn  site  for  schoolhouse 123  338 

consists  of  director,  clerk  and  treasurer 128  355 

contract  with  teachers 135  384 

convention  of  district  boards 98  269 

determine  branches  to  be  taught 125  343 

director,  duties 129  358 

discontinue  school 121  334 

dismiss  teachers  for  cause  with  advice  of  county  superin- 
tendent    135  384 

duties  and  powers,  union  district 93  256 

election 128  355 

employment  of  relatives  prohibited 136  385 

establish  graded  schools 140  400 

establish  kindergartens 196  582 

establish  night  schools 205  604 

examine  incapacitated  children 85  237 

execute  lawful  orders  of  district 134  378 

expel  members  of  high-school  fraternities 177  521 

fire  protection 145  416 

furnish  teacher  with  register 137  390 

high-school  teachers 37  71 

industrial  training 181  536 

levy  tax  for  payment  of  judgment 138  392 

library,  purchase  of  books 202  596 

library,  rules  and  regulations 202  597 

list  of  members  kept  by  county  superintendent 103  280 

manage  graded  school 140  400 

matters  not  determined  by  district  meeting 117  322 

oath  of  office 129  356 

open  schoolhouse  for  certain  uses 134  380 

penalty,  failure  to  provide  for  fire  protection 146  420 

penalty,  refusing  admission  to  schools 127  351 

powers  of  board 134  378 

powers  of  board,  consolidated  district 93  251 

provide  water-closets 134  380 

pupils  sent  to  other  districts 120  332 

purchase  or  lease  site 134  378 

qualifications  of  members 116  320 

revolving  fund  for  purchase  of  textbooks 238  710 

school  books  sold  to  patrons 238  710 

school  duties 137  390 

sell  property  of  district. .  > 134  378 

send  pupils  to  other  districts 120  332 

special  meetings  called 114  315 

suspension  of  pupils 137  389 

term  of  office 128  355 

textbooks,  purchase 238  709 

transportation  of  pupils 117 

vacancy  filled  by  county  superintendent 102  275 

visit  schools 137  390 

District  clerk: 

annual  report 130 

certify  tax  to  county  commissioners 

clerk  of  board  and  district  meetings 127  350 


274  INDEX. 

District  clerk — continued.  I'A«E  SKC. 

consolidated  district 93  252 

deliver  records  to  successor;  penalty 132  371 

draw  orders  on  treasurer , 130  361 

duties 130  359 

joint  district,  report 131  365 

librarian,  school  library.  . ...... 202  597 

notice  of  annual  or  special  meeting 115  317 

penalty  for  failure  to  report  to  county  clerk  tax  voted 132  368 

penalty  for  false  report 131  366 

report  indebtedness  to  county  clerk 1?2  370 

report  list  of  taxpayers  to  county  clerk 132  367 

report  to  county  superintendent 132  369 

sell  school  books  to  patrons 238  709 

union  or  graded  school  district,  duties 140  397 

District  officers.     (See  District  boards.) . 128 

District  schools 125 

District  treasurer: 

bond 132  372 

deliver  warrant  register  to  successor 250  743 

destroy  canceled  bonds  and  coupons 17  21 

duties 133  373 

election 128  355 

indorse  warrants  "Presented  and  not  paid  for  want  of  funds,"  250  741 

penalty,  failure  to  pay  over  money  to  successor 134  377 

receive  school  money  from  county  treasurer 133  374 

records .' 133  376 

redemption  of  indorsed  warrants 250  742 

register  warrants  indorsed 250  741 

report 133  376 

treasurer  of  union  or  graded  school  district 140  398 

Districts,  school 112 

annexed  to  adjoining  district 110  302 

annexed  to  city,  first  or  second  class 124  340 

annual  meeting: 

discontinue  school 121  334 

elect  members  of  district  board 128  355 

order  children  sent  to  more  convenient  district 122  335 

powers 116  320 

provide  for  sending  children  to  other  districts 121  334 

special  meeting,  no  annual  meeting  held 114  316 

time  for  holding  annual  meeting 114  315 

annual  report  of  clerk 130  362 

appendages  provided 137  388 

apportionment  of  property  when  part  annexed  to  city 124  341 

appraisement  of  schoolhouse  for  change  of  site 123  337 

appropriation  for  state  aid 119  330 

body  corporate 112  310 

boundaries  changed  by  county  superintendent 103  280 

boundaries  furnished  by  county  superintendent  to  county 

clerk 106  285 

branches  taught 125  343 

challenge  of  voter  at  district  meeting 115  319 

change  of  schoolhouse  site 122  336 

children  sent  to  more  convenient  district 122  335 

cities  of  third  class  governed  as  districts 84  235 

cities  of  third  class,  no  part  detached 84  236 

clerk,  duties 130  359 

clerk  to  be  clerk  of  board  and  district  meetings 130  360 

clerk  to  draw  orders  on  treasurer 130  361 

combination  of  districts  by  county  superintendent 91  246 

consolidation.     (See,  also,  Consolidation  of  school  districts) .  .  91  247 


INDEX.  275 

District,  school— continued.                                                                      PAGE  SKC. 

contract  with  teachers 135  334 

conveyance  of  pupils: 

compensation  to  parents 121  333 

expense  of  sending  pupils  to  other  districts 121  334 

provided  by  district  board 121  333 

school  discontinued,  certain  districts 120  332 

county  aid 117  324 

depopulated  districts  disorganized 107  291 

depopulated,  when 107  292 

director,  duties 129  358 

disorganized,  attached  to  adjacent  district 108  296 

consolidation.    (See,  also,  Consolidation  of  school  district.) ...     91  247 
employment  of  relatives  of  district  officers  as  teachers  pro- 
hibited     136  385 

establish  graded  schools 140  400 

failure  of  clerk  to  report  county  clerk  tax  voted 132  367 

failure  of  treasurer  to  pay  over  money 134  377 

formation  of  districts  by  county  superintendent 103  280 

formation  of  district  within  Indian  reservation 104  281 

free  textbooks  if  authorized  by  vote 2^8  709 

graded-school  district,  how  formed 139  393 

increase  tax  levy  at  annual  meeting 198  588 

indebtedness 108  297 

indebtedness  when  annexed  to  city  of  first  or  second  class. . .  .   124  340 

joint  district.     (See,  also,  Joint  district.) 112  311 

library,  rules  and  regulations 134  379 

meetings: 

annual.     (See,  also,  Districts,  annual  meeting.) 114  315 

challenge  of  voter 115  319 

notice 115  317 

notice  of  first  meeting 105  283 

powers 116  320 

powers,  consolidated  district 93  251 

qualifications  of  voters 115  318 

special  meetings.     (See,  also,  Districts,  special  meet- 
ings.)     114  315 

minimum  term,  seven  months 117  323 

name 112  310 

notice  of  annual  or  special  meetings 115  317 

no  school  maintained,  when 120  332 

notice  of  formation 105  283 

number  by  county  superintendent 103  280 

oath  of  officers 129  356 

office,  forfeited,  when 129  357 

officers 128  355 

officers,  consolidated  district 91  247 

organized,  when 112 

partially  depopulated  district  defined 

partially  depopulated  district  disorganized 107  293 

partially  depopulated  district,  petition  to  disorganize 

penalty  for  false  report  of  clerk 3 

powers  of  board 134  378 

powers  of  district  meeting 116  320 

pupils  sent  to  other  districts 1 

qualifications  of  voters 

records  and  reports  of  treasurer 

records  delivered  bv  clerk  and  treasurer  to  successors: 

penalty " 

report  of  clerk,  joint  districts 

report  of  clerk  to  county  clerk 

report  of  clerk  to  county  superintendent 

report  of  indebtedness  by  clerk  to  county  clerk 


276  INDEX. 

Districts,  School — continued.  I-AGE  SEC. 

restrictions  on  changing  districts 103  280 

restrictions  on  formation 119  329 

scholars  admitted  from  adjoining  districts 135  383 

school  duties  of  board 137  390 

schoolhouse  opened  for  certain  uses 134  380 

schoolhouses  removed  from  claim  of  settler 135  382 

school  month 127  34$ 

schools  free  to  all  between  ages  of  six  and  twenty-one 127  350 

site  for  schoolhouse  condemned 123  338 

special  meetings: 

called  by  county  superintendent 114  316 

called  by  district  board 114  315 

called  by  petition 114  315 

discontinued  school 121  334 

new  district , 105  283 

no  annual  meeting  held 114  316 

notice  of  special  meeting 114  315 

provide  for  sending  children  to  other  districts 121  334 

state  aid,  appropriation .  119  330 

state  and  county  aid 117  324 

state  and  county  fund 98  270 

suspension  of  pupil 137  389 

taxation: 

annual  tax  for  general  school  purposes 116  320 

limitation  of  levy 116  321 

floating  indebtedness 116  320 

increasing  the  levy 198  588 

interest  and  sinking  fund,  bonds 16  18 

interest  and  sinking  fund,  refunding  bonds 24  42 

industrial  training 180  535 

library 202  595 

limitation  of  tax  levy 138  391 

payment  of  judgment 138  392 

tax  voted  and  not  levied  or  collected 133  375 

(See,  also,  Taxation,  school  districts.) 

teachers'  records  and  reports 136  387 

territory  attached  to  city  second  class  detached  by  county 

superintendent 74  195 

territory  of  district  remains  attached  to  city  changed  from 

third  to  second  class ; 74  194 

transportation  of  pupils .' 121  333 

treasurer,  duties 133  373 

union  or  graded  school  districts 139  393 

voters  may  determine  length  of  term 117  322 

water-closets 135  381 

Domestic  art,  special  state  certificates 35  67 

Domestic  science: 

special  normal  school  certificates 40  86 

special  state  certificates 35  67 

state  aid  in  normal-training  high  schools 211  622 

Drawing: 

special  normal-school  certificates 40  86 

special  state  certificates 35  67 

Dumb  children  sent  to  special  school 89  243 

Duplication  of  federal  aid .  143  406 

Educational  provisions: 

act  of  admission 7 

organic  act 5 

state  constitution . .  5 


INDEX.  277 

Elections:                                                                                                              PAGE  SKC. 

Barnes  high-school  law,  adoption  of 170  501 

board  of  education,  cities  first  and  second  class 53  128 

54  130 

commission-governed  cities 54  130 

bonds: 

cities  of  first  class 65  168 

cities  of  second  class 78  215 

county  high  school 158  457 

rural  high-school  district 174  512 

school  district 12  9 

county  high  schools,  transfer  from  special  act  to  general 

law 161  473 

district  officers,  annual  meeting 128  355 

district  officers,  new  district 105  283 

establishment  of  county  high  school .  149  425 

counties  of  less  than  6,000  population 157  451 

expense  of  school  elections,  cities  of  the  second  class ....  73  193 

free  textbooks 238  709 

rural  high-school  district: 

canvass  of  vote 173  509 

establishing  rural  high  school 171  505 

separate  election  in  town  or  city 173  508 

tax  for  buildings,  county  high  schools  established  by 

special  act 162  474 

tax  for  buildings,  cities  of  the  second  class 82  227 

tax  levy,  increase 198  588 

territory  attached  to  cities  of  the  second  class 72  191 

place  and  manner  of  voting 73  192 

treasurer  board  of  education,  cities  of  the  second  class ...  76  204 

trustees  county  high  school 150  427 

Eminent  domain: 

board  of  education  in  cities 56  136 

county  high  schools 58  141 

school  districts 123  338 

Employment  of  children  under  fourteen 50  116 

Employment  of  children  under  sixteen 50  117 

Estate  of  deceased  person  without  heir 222  656 

attorney-general,  duty 224  664 

may  not  act  as  private  attorney 223  663 

county  attorney,  duty 223  661 

may  not  act  as  private  attorney 223  663 

county  superintendent,  duty .  . 223  659 

notice  given  by 223  659 

estate  sold  for  benefit  of  common  schools 222  658 

expense  of  inquiry 223  662 

probate  judge,  duty 222  657 

notice  given  by 223  660 

state  superintendent  to  give  notice 223  659 

Examinations: 

common-school  diploma 126  346 

county  teachers: 

applicants  may  write  in  other  counties :     • 

board  of  examiners 42  96 

branches: 

first-grade  certificates 46 

second-grade  certificates 

third-grade  certificates 

examination  in  physiology  and  hygiene 

examinations,  public 43 

fee  for  special 44  100 


278  INDEX. 

Examinations — continued. 

grades  required:                                                                           I-AGE  *&<•. 

first-grade  certificates 46  109 

second-grade  certificates 46  108 

third-grade  certificates 45  107 

high-school  credits 47  110 

papers  received  from  other  counties 43  98 

places  designated  by  county  superintendent 43  97 

questions: 

officials  may  have  possession 45  105 

opened  by  examining  board 44  102 

prepared  by  State  Board  of  Education 44  101 

unlawful  use 45  104 

special  examinations 44  99 

state  institutions,  examinations  held 48  98 

time  of  holding 43  97 

unlawful  use  of  questions 44  103 

(See,  also,  Certificate,  county.) 

state  certificates 33  62 

Examining  committee: 

cities  first  and  second  class 55  134 

common-school  diploma 126  346 

county 42  96 

vacancy,  city  first  class 62  153 

Expenditures : 

board  of  education  cities  first  class,  limit  without  contract.  .  .      64  162 
board  of  education  cities  second  class,  contract  required, 

when 78  213 

children  sent  to  other  schools 121  334 

districts  receiving  state  aid 118  327 

Expenses,  children  sent  to  more  convenient  school 122  335 

Extension  work: 

duplicating  federal  funds 143  406 

warrants  authorized ' 143  407 

Fees: 

examination  for  county  teacher's  certificate 44  100 

examination  for  high-school  credits 47  110 

examination  in  other  counties 43  98 

high  schools  approved  for  normal  training '...     35  68 

indorsement  of  county  certificates 45  106 

normal  institutes 207  611 

normal  training  teachers'  examination 35  68 

registration  of  state  certificates 41  89 

registration  of  state  normal-school  diplomas 41  89 

renewal  of  first-grade  certificates • 46  109 

special  examinations 44  100 

Females,  no  distinction  between  rights  of  males  and  females 
in  school 5 

Fines 144  409 

collected,  how 144  409 

common  school  fund 95  264 

judgments  against  school  districts 138  392 

justice  of  the  peace 94  259 

(See,  also,  Penalties.) 

Fines  and  penalties.    (See  Penalties.)  144 

Fire  protection 145 

doors  of  school  house 145  412 

duty  of  boards  of  education 145  416 

duty  of  state  fire  marshal 146  420 

exits  from  upper  floors 145  413 

fire  drills 145  417 

fire-escapes 145  418 


INDEX.  279 

Fire  protection — continued.  PAGE  SBC. 

furnaces 145  414 

inspection 145  41$ 

instruction 146  420 

penalty 146  418 

plans  for  buildings  submitted  to  state  architect 145  415 

time  for  compliance  with  law 146  419 

First-grade  certificates 46  109 

(See,  also,  Certificates,  county.) 
Flag: 

display  in  public  schools 212  623 

flag  day,  observance 213  629 

flags  forbidden 213  627 

penalty 213  628 

rules  and  regulations  for  display 212  625 

Floating  indebtedness 22  35 

Forfeiture  of  office: 

county  superintendent Ill  306 

119  328 

district  board 129  357 

Forfeiture  paid  into  common  school  fund 95  264 

Forming  and  changing  school  districts 103  280 

Fraternities.     (See  High-school  fraternities.) 

Free  district  schools 127  350 

Free  schools,  cities  second  class 72  190 

Free  textbooks 238  709 

Funding  bonds.     (See  Bonds,  refunding.) 
Funds: 

common  school 95  264 

county  school 94  257 

normal  institute: 

appropriation,  connty 207  611 

appropriation,  state 208  614 

county  superintendent  to  transmit  fees 208  613 

custodian 208  612 

disbursements 208  615 

fees 207  611 

candidates  for  certificates 207  611 

44  100 

examination  at  state  institutions 43  98 

examination  in  other  counties 43  98 

examination  for  high-school  credits 47  110 

examination  for  normal-training  certificates 35  68 

indorsement  of  certificates 207  611 

registration  fee 207  611 

registration  of  certificates 207  611 

renewal  of  certificates 46  109 

union  institutes 208  616 

state  school  fund: 

cities  regulated  by  special  law  receive 140  399 

collection 221  651 

commissioners 217  640 

custodian 220  649 

disbursement  of  income 6 

investment 218  644 

record 219  646 

unclaimed  estates 222  656 

Globes: 

purchase  without  approval 

sale  without  approval 243  717 


280  INDEX. 

Governor: 

appointments:  PAGE  SEC. 

State  Board  of  Education 231  696 

State  School  Book  Commission 234  702 

proclamation,  cities  of  second  class 72  189 

select  land  for  State  University  fund 7 

Graded  schools: 

accredited  by  State  Board  of  Education 232  699 

cities  of  second  class 75  200 

consolidation  with  district  having  graded  schools 92  248 

defined 92  248 

graded-school  district,  how  formed 139  393 

single  district  may  establish 140  400 

state  supervisors 233  701 

(See,  also,  Union  or  graded-school  district.) 

Grades  of  county  certificates 45  106 

Grades  retained  in  county  examinations 46  109 

Graduates: 

Barnes  high  schools: 

college  preparatory  course 169  498 

general  course 169  498 

common  schools: 

admitted  to  high  school 125  344 

diploma 125  344 

normal-training  high  schools 35  68 

State  Agricultural  College 38  77 

State  Normal  School 40  84 

State  University 38  77 

three-year  state  certificates 38  78 

Guardians: 

penalty  for  violation  of  compulsory-attendance  act 86  238 

required  to  send  children  to  school 85  237 

High-school  credits,  second-  and  first-grade  county  certificates...  .  47  110 

exemption 48  111 

•High-school  fraternities: 

membership  unlawful , 177  520 

penalty  for  membership 177  521 

High-school  tuition: 

payment  in  certain  counties 148  421 

certificate  of  attendance 149  423 

tax  levy  for  payment 148  422 

High  schools: 

accredited  by  State  Board  of  Education 232  699 

admission  by  common-school  diploma 125  344 

admission  of  nonresidents 148  421 

approved  for  admission  to  accredited  colleges 38  78 

certificates  of  high-school  teachers 37  71 

graduates  from  accredited  high  schools  admitted  to  state 

institutions 232  700 

state  supervisors  of  high  schools 233  701 

High  schools,  Barnes  law: 

act  in  effect  in  certain  counties. 170  502 

act,  when  in  force 170  501 

apportionment  of  funds 167  494 

certain  cities  and  counties  exempt 169  500 

county  commissioners  levy  tax 164  486 

county  superintendent,  duty 167  493 

county  treasurer  to  pay  and  distribute  money 170  503 

course  of  study 169  498 

course  of  study  must  prepare  graduates  for  State  Uni- 

.  1  £  A  *  O/? 

versity 164  4sb 


INDEX.  281 

High  schools,  Barnes  law — continued.                                                   I'.V«JK  SEC. 

distribution  of  funds 167  494 

election  on  adoption  of  Barnes  act 170  501 

high-school  fund 164  486 

penalty,  violation  by  county  treasurer 171  504 

principal  shall  make  report 169  497 

standard 164  486 

tax  levy: 

amount  to  be  raised 167  493 

amount  apportioned  to  each  district 167  494 

buildings 164  486 

joint  districts 167  495 

limited  to  five-tenths  mill 165  487 

limited  to  nine-tenths  mill;  exception 165  488 

payments  made 167  494 

tax  levied  by  county  commissioners 164  486 

tax  levy  made  when 166  491 

taxes  collected  and  paid  to  district  treasurer 166  492 

to  pay  indebtedness 166  490 

tuition  free  in  county 169  499 

tuition  paid  in  an  adjoining  county 169  499 

High  schools,  cities  of  the  first  class 61  147 

High  schools,  cities  of  the  second  class 75  200 

High  schools,  county,  population  over  2,000 149  424 

admission 155  445 

board  of  trustees  appointed 150  426 

bonds 153  437 

buildings 152  436 

county  may  establish 149  424 

courses  of  instruction 155  444 

collegiate .  - 155  444 

general 155  444 

normal 155  444 

election  on  establishment 149  425 

election  of  trustees 150  427 

extension  of  course 157  522 

officers  board  of  trustees 151  428 

officers,  duties  of 152  435 

principal  and  teachers,  employment 155  443 

report  of  trustees 156  448 

right  of  eminent  domain 58  141 

rules  and  regulations 156  447 

secretary  board  of  trustees: 

appointment 151  428 

duties. ...                                                                                 .152  435 

site 152  436 

tax  levy: 

annual  estimate  and  levy 151  429 

certified  and  collected 152  434 

limited  to  seven  and  one-half  tenths  mill 151  430 

limited  to  one  and  three  and  one-half  tenths  mill, 

certain  counties .  .  . 151  431 

limited  to  three  mills  in  certain  counties 151  432 

teachers,  employment 155  443 

treasurer,  board  of  trustees: 

appointment. .                                                         151  428 

duties 152  435 

trustees : 

compensation .  .                              156  450 

election 150  427 

report 156  448 


282  INDEX. 

High  schools,  county,  population  over  2,000 — continued.  I*A«E     SEC. 

term. . 150     427 

vacancies 156     449 

tuition  free  in  county 155     445 

tuition,  pupils  from  other  counties 155     446 

vacancy,  board  of  trustees 156     449 

High  schools,  county,  less  than  6,000: 
bonds: 

authorized 158     457 

election 158     458 

limitation 158     459 

unlawful  use  of  proceeds 158     460 

course  of  study 157     452 

election  on  establishment 157     451 

established  by  county  commissioners  at  county  seat 157     451 

established  only  on  petition  or  election 157     456 

free  to  pupils  in  county 157     455 

graduates  admitted  to  state  institutions 157     453 

teachers  employed  by  county  commissioners 157     454 

High  schools,  county,  population  less  than  10,000: 

admission 159     463 

aid  provided  by  county  superintendent  and  commissioners ...  159     461 

collection  and  use  of  funds 160     467 

counties  exempt 161     472 

county  superintendent  to  certify  amount  money  necessary ...  161     471 

county  treasurer,  duty  of 160     468 

course  of  study 159     462 

entrance  certificate 159     463 

free  to  residents 159     463 

petition  for  county  aid 

report  of  principal -. 160     469 

supervision 159     464 

tax  levy: 

annual  levy 

collection  and  use  of  funds 

county  commissioners  to  levy  tax 160     470 

county  superintendent  to  certify  amount  necessary 161     471 

High  schools,  county,  under  special  act: 

may  come  under  general  law 

tax  for  buildings 162     474 

High  schools  in  certain  counties: 

apportionment  of  funds 

appropriation  by  board  of  education 

extent  of  powers  of  trustees 

free  high-school  education , 164     482 

levy 162     475 

levy  made  by  trustees 

management  vested  in  board  of  education 164     483 

participating  schools  parts  of  county  high  school 164     485 

penalty  for  failure  to  keep  standard 

school  providing  and  maintaining  standard 

trustees  distribute  fund 163     478 

High  schools,  extension  of  course  of  study: 

authorized 177     522 

course  of  study 524 

establish  in  private  schools 178     525 

levy 177     522 

petition,  election 178     523 

privileges  of  graduates 178     524 

High  schools,  normal  training.     (See  Normal  training  in  high 
schools.) 


INDEX.  283 


High  schools,  rural 171 

admission  of  pupils .    176  51^ 

annual  meeting  of  high-school  district  board 173  510 

annual  school  meeting ,    173  510 

attachment  of  adjacent  territory 175  514 

authority  of  county  superintendent 175  513 

authority  to  establish 171  505 

bonds  for  high-school  building 174  512 

boundaries  approved  by  county  superintendent 171  506 

canvass  of  vote  on  establishing 173  509 

condemnation  of  site 174  512 

course  of  study 175  515 

districts  in  two  or  more  counties 174  511 

election  in  territory  containing  town  or  city 173  508 

election  of  high-school  board * 173  509 

election  on  forming  rural  high-school  district 171  506 

government 175  513 

powers  of  rural  high-school  board 174  512 

site 174  512 

tax  levy 173  510 

tax  levy,  district  in  two  or  more  counties 174  511 

transfer  of  territory 175  513 

tuition 176  516 

validating  certain  bonds 172  507 

Holy  Scriptures: 

Bible  may  be  used  in  schools,  cities  second  class 78  214 

Bible  reading  not  prohibited,  cities  first  class 64  163 

Hygiene: 

instruction  in  all  public  schools 49  115 

teachers,  examined  in 49  115 

Incorrigible  pupils * 87  239 

Indebtedness: 

Barnes  high  schools '(;....    166  490 

bonded  indebtedness: 

compromised  and  refunded 20  31 

increase  of  debt  prohibited  when  refunded 24  41 

refunded 19  29 

disorganized  districts: 

bonded  indebtedness  refunded 30  55 

floating  indebtedness 108  297 

merged  districts 28  49 

29  53 

school  districts 21  34 

Indebtedness  reported  to  county  clerk 132  370 

Indentured  pupil  in  Industrial  (Reform)  School 183  540 

183  542 

Indian  reservation,  school  district  within 104  281 

Industrial  education .  .« . 179 

Industrial  (Reform)  School  pupils 183 

county  superintendent  to  visit  indentured  pupils 183  540 

indentured  pupils. .                                                                   ....   183  540 

183  542 

persons  sought  to  receive  indentured  pupils 183  542 

report  of  visiting  agent  on  indentured  "pupil 183  541 

Industrial  training 181  536 

board  of  education  and  district  board  may  make  provision ...   181  536 

report  to  state  superintendent 

special  teachers  mav  be  employed  .  .        181  536 

state  aid.  .                                                                                        .182  539 


284  INDEX. 

Industrial  training — continued. 

State  Board  of  Education:  PAGE  SEC. 

approve  course  of  study 181  536 

establish  standard  for  teachers 181  537 

grant  certificates 181  537 

tax  levy 180  535 

teachers,  standard;  certificates 181  537 

Installment  bonds  may  be  issued 25  44 

Institute.     (See  Normal  institute.) 

Insurance  companies,  payment  to  state  annual  school  fund 227  681 

Interest  on  bonds: 

cities  of  first  class:  . 

paid  when  due 68  173 

rate 66  170 

tax  levy 66  171 

tax  levy  refunding  bonds 68  178 

cities  of  second  class: 

paid  when  due 81  224 

tax  levy 81  222 

refunding  bonds 24  42 

school  districts 16  18 

Joint  district: 

annual  meeting 114 

alteration  of  boundaries 113  312 

appeal  to  state  superintendent  in  formation  or  alteration ....  113  313 

application  for  formation 112  311 

bonds  to  take  up  merged  district  bonds 29  53 

disorganization  of  partially  depopulated  joint  districts 107  293 

formation 112  311 

funds 114  314 

jurisdiction 113  313 

name 113  312 

report  of  clerk 131  365 

tax  levy  for  Barnes  high  schools 167  495 

Judgment,  tax  levy  to  pay 138  392 

Justice  of  peace: 

jurisdiction 144  408 

proceeds  of  fines  paid  to  county  treasurer 94  259 

report  to  county  superintendent 94  259 

Juvenile  court 184 

acts  providing  for  support  of  children 192  563 

appeal,  person  convicted  of  contributing  to  delinquency 194  575 

appeal  to  district  court 189  554 

association  or  individual  as  guardian  of  child 187  550 

blanks  furnished  by  State  Board  of  Control 194  573 

bond,  release,  of  person  contributing  to  delinquency 191  559 

care  of  child,  parental 190  557 

care  of  delinquent  child,  continuance 188  551 

care  of  dependent  or  neglected  child 187  549 

city  attorneys  to  aid  probation  officers 190  555 

commitment  of  child  to  care  of  probation  officer 188  551 

compensation  of  probation  officer 185  545 

compensation  of  probation  officer,  counties  having  25,000 

population 194  570 

complaint ' 181  537 

constables 190  555 

continuance  of  hearing 187  548 

county  attorneys  to  aid  probation  officers 190  555 

custody  of  child  during  continuance  of  case 187  548 

custody  of  dependent  child  during  suspension  of  sentence ....  191  560 

custody  revoked  by  court 188  552 

delinquent  child 185  544 


INDEX.  285 

Juvenile  court — continued.  PAGE  SEC. 

delinquent  child,  care  of 188  551 

dependent  child 185  544 

detention  home 192  564 

detention  home,  government 192  565 

detention  home,  record  of  inmates 193  566 

establishment  of  juvenile  court 184  548 

fees  allowed  judge  of  juvenile  court 184  543 

fees,  witness,  allowed  police  and  sheriff 194  572 

forfeiture  of  bond,  person  having  custody  dependent  child ...    191  561 

judgment  in  case  of  forfeiture  of  bond 192  562 

jurisdiction 184  543 

child  over  sixteen 193  569 

child  under  sixteen 189  553 

dependent  children 194  571 

truants 86  238 

juvenile  farm 192  564 

neglected  child 185  544 

parental  home  in  certain  counties 194  576 

advisory  board 195  579 

inmates 194  577 

managers 195  579 

supervision 195  580 

tax  for  support 195  578 

parents  responsible  for  delinquency  of  children 190  558 

penalties  at  discretion  of  juvenile  court 190  556 

penalty,  contributing  to  delinquency 190  558 

police  officers  to  report  arrests  of  juveniles 190  555 

probate  judge  the  judge  of  the  juvenile  court.  .  . 184  543 

probation  officer;  appointment,  duties,  compensation 185  545 

procedure,  trial  of  person  contributing  to  delinquency 194  574 

release  under  bond,  person  sentenced  for  contributing  to 

delinquency 191  559 

report,  annual,  of  judge  of  juvenile  court 193  568 

responsiblity  for  delinquency  of  children 190  558 

summoning  of  custodian  of  child 186  547 

suspension  of  sentence,  contributing  to  delinquency 191  559 

suspension  of  sentence,  delinquent  child 190  556 

tax  levied  for  detention  home  or  juvenile  farm .  . , 193  567 

truant  officer  as  probation  officer * 185  545 

Juvenile  farm 192  564 

Kansas  State  Traveling  Libraries  Commission 203  598 

Kindergartens 196 

cost  pai'd  from  school  funds 196  582 

established  in  school  district 196  582 

part  of  public  school  system 196  582 

teachers 196  582 

certificates 196  582 

examination 196  582 

special  state  certificates 35  67 

Lands: 

granted  by  the  United  States  for  schools 5 

school  lands;  sale,  revaluation,  lease 6 

sections  16  and  36  in  every  township  granted  for  use  of 

schools 5,  7 

Language,  exclusive  use  of  English  specified: 

applies  to  all  elementary  schools 197  583 

courses  specified 

power  of  visitation 197  585 

Lansing,  special  aid 

Laws,  school,  published  by  state  superintendent  of  public  in- 

intruction .  .  230  691 


286  INDEX. 

Levies.     (See,  also,  Taxation.)                                                             .  11A<;i;  «K(; 

Librarian  appointed  by  district  board 134  379 

Libraries , 202 

free  public 204 

levy  for  site 204  602 

petition  and  election 204  601 

use  of  excess  site  fund 204  603 

school  district 202 

librarian 202  597 

purchase  of  books 202  596 

rules  and  regulations. ...:..... 202  597 

rules  and  regulations  made  by  district  board 134  379 

tax  levy 202  595 

Libraries,  state  traveling 203 

Aplington  Art  Gallery,  a  part  of 203  599 

management ,  .  203  598 

traveling  libraries  department  of  State  Library '.  . .  203  598 

Lincoln's  birthday  observed  in  public  schools 

Loan  commissioner,  office  abolished 221  654 

Males,  no  distinction  in  schools  between  rights  of  males  and 

females 5 

Manual  training: 

cities  of  the  first  class 61  147 

Special  Normal  School  certificates 40 

special  state  certificates 35  67 

Map  of  districts  furnished  by  county  superintendent  to  county 

clerk 106  286 

Maps: 

purchase  without  approval 243  719 

243  720 

sale  without  approval 243  717 

243  718 
Meetings: 

board  of  education,  cities  first  class 64  160 

board  of  education,  cities  second  class 78  211 

rural  high-school  board 173 

rural  high-school  district 173  510 

school  district - 114  315 

annual 114  315 

first  meeting  of  new  district 105  283 

notice 115  317 

special 114  315 

114  316 

School  Fund  Commission 217  641 

State  Board  of  Education 231  697 

Memorial  day,  observance  in  public  schools 213  629 

Merged  district: 

bonds  taken  up 29  53 

form  of  refunding  bonds 28  50 

refund  bonded  indebtedness 28  49 

suits  against 

tax  levy  for  interest  and  sinking  fund 29  51 

Money  unclaimed,  to  common-school  fund 

Moneys,  school,  paid  over  to  proper  officers 95  260 

Month,  school 127  349 

Minimum  term: 

cities  first  and  second  class 117  323 

school  districts 117  323 

Music: 

special  normal-school  certificates 40  86 

special  state  certificates 35  67 

Neglected  child .  . 185  544 


INDEX.  287 

Night  schools:                                                                                           I-A<JK  SK.  . 

attendance  not  compulsory 205  605 

cost  paid  from  public-school  fund 205  605 

course  of  study 205  607 

equipment 205  607 

part  of  public-school  system 205  605 

petition  for 205  604 

rules  and  regulations 205  607 

school  boards  may  establish 205  604 

school  buildings  used 56  135 

sessions .' 205  606 

teachers , 206  608 

payment 206  608 

qualifications 206  608 

term 205  606 

Normal  department  of  state  school  system 5 

Normal  institutes 207 

annual  sessions 207  609 

conductor  and  instructors 207  610 

county  appropriation • 207  611 

county  superintendent,  duty 207  610 

course  of  study  prescribed  by  State  Board  of  Education 231  697 

custodian  of  funds 208  612 

disbursement  of  funds 208  615 

examination  of  teachers  held  at  close 43  97 

fees 207  611 

fees  transmitted  to  county  treasurer 208  613 

funds 208  614 

instructors 207  610 

place  of  holding 207  610 

state  appropriation 208  614 

term 207  609 

time  of  holding 207  609 

union  institutes,  two  or  more  counties 208  616 

Normal  training  in  high  schools • 210 

academies,  eligible 211  620 

application  for  state  aid 211  622 

apportionment  of  state  appropriation 211  622 

appropriations: 

agriculture  and  domestic  science 211 

normal  training 211  621 

certificates.     (See,  also,  Certificates,  normal  training.) 35  68 

course  of  study  prescribed  by  State  Board  of  Education 210  617 

examinations 35  68 

fees ' 35  68 

applicants  for  certificates 35  68 

expenses  of  grading  manuscripts 35  68 

high  schools  designated  by  State  Board  of  Education 210  617 

number  of  high  schools  aided  in  one  county 210  618 

purpose  of  normal-training  act 210  317 

rules  prescribed  by  State  Board  of  Education 210  61! 

state  funds  used  for  teachers'  wages 21C 

students,  number  required  in  normal  course 210  619 

Notice: 

annual  meeting,  school  district 

annual  or  special  district  meeting 115  317 

appeal  from  county  superintendent's  adjustment  of  school 

property 

appeal  to  state  superintendent,  joint  district  boundaries.  . 

bond  election,  school  districts 

election  on  establishing  county  high  school 

election,  rural  high  school 

meeting  to  form  union  school  district 139 


288  INDEX. 

Notice — continued.                                                                                     PAGE  SKC. 

school  district,  first  meeting 105  283 

special  meeting  school  district 114  316 

Oaths: 

administered  by  certain  officers,  verifying  warrants 249  736 

administered  by  chairman  district  meeting 129  356 

administered  by  county  superintendent 103  278 

county  superintendent 96  267 

members  of  board  of  education,  cities  first  class 54  130 

members  board  of  education,  cities  second  class . 78  210 

members  State  School  Book  Commission 234  702 

parent,  record  in  school  census 89  242 

school  district  officers 129  356 

state  superintendent  of  public  instruction 228  684 

voter  challenged  at  district  meeting 115  319 

Officers,  state,  county,  etc.,  prohibited  from  taking  contract 144  411 

Organic  act,  educational  provisions 5 

Organization,  board  of  education  cities  second  class 74  196 

Organization,  school  district 112  309 

Outstanding  indebtedness: 

amounts,  time,  registration  and  payment 21  33 

in  certain  districts 30  56 

Outstanding  warrants.    (See  Warrants.) 

Parental  home  for  homeless,  dependent,  neglected  or  delinquent 

children.  . 194  576 

Parents: 

children  with  contagious  disease  kept  from  school 127  353 

liable  for  attendance  and  good  conduct  of  child 87  239 

oath  in  record  of  census 89  242 

penalty  for  violation  of  compulsory-attendance  act 86  238 

required  to  send  children  to  school 85  237 

responsible  for  delinquency  of  children 190  558 

Partially  depopulated  districts: 

defined 108  294 

disorganized 107  293 

Patriotism 212 

courses  specified 197  584 

duty  of  county  superintendent 212  626 

duty  of  state  superintendent 213  629 

duty  to  display  flag 212  623 

flag  for  each  room 212  624 

flags  forbidden 213  627 

patriotic  exercises 213  630 

penalty 213  628 

rules  and  regulations , 212  625 

Pay.    (See  Compensation.) 

Penalties  and  fines.    (See,  also,  Fines.) 144 

Penalties  applied  to  support  of  common  schools 95  264 

Penalty: 

boards  of  education,  purchase  of  unapproved  apparatus 243  720 

boards  of  education,  failure  to  provide  for  fire  protection ....  146  420 
board  of  education,  cities  first  class: 

issue  of  bonds  in  excess  of  amount  authorized 66  169 

refusal  to  levy  tax  for  payment  of  coupons 69  179 

wrongful  use  of  money  levied  to  pay  coupons 69  180 

business  college,  canvassing  without  permit 31  60 

county  clerk: 

excessive  tax  levy 199  591 

neglect  or  refusal  to  extend  tax,  refunding  bonds 24  42 

county  superintendent: 

failure  to  provide  for  seven  months'  term 119  328 

neglect  or  refusal  to  perform  duty Ill  306 

receiving  bonus 144  410 


INDEX.  289 

Penalty — continued. 

county  treasurer:                                                                              PAGE  SEC. 

neglect  or  refusal  to  levy  tax,  refunding  bonds 25  43 

refusal  to  pay  over  school  money 94  257 

95  262 

violation  of  provisions  of  Barnes  high-school  act 171  504 

dealer  in  school  books,  failure  to  keep  agreement 241  713 

district  board: 

issuing  unauthorized  bonds 16  20 

purchase  of  unapproved  apparatus 243  720 

refusing  admission  to  public  schools 127  351 

wrongful  use  of  bonds 16  20 

district  clerk: 

failure  to  deliver  records  to  successor 132  371 

failure  to  report  to  county  clerk  tax  voted 132  368 

false  report 131  366 

district  treasurer: 

failure  to  deliver  records  to  successor 132  371 

refusal  or  neglect  to  pay  over  district  money 134  377 

employers,  violation  of  child-labor  law 52  127 

increase  in  price  of  textbooks 241  713 

minors,  use  of  tobacco  in  public  places 246  728 

misappropriation  of  bond  funds 28  47 

municipal  officers,  selling  bonds  without  offering  to  School- 
fund  Commission 221  652 

officers  of  county,  city,  township  or  school  board: 

neglect  or  refusal  to  levy  tax,  refunding  bonds 24  42 

signing  or  attesting  unauthorized  warrant 251  744 

officers  of  taxing  district,  excessive  tax  levy 199  591 

parent  or  guardian,  refusal  to  take  oath  in  school  census 89  242 

person  having  control  of  delinquent  child,  violation  of  com- 
pulsory-attendance act 86  238 

person  having  control  of  deaf,  dumb  or  blind  child,  viola- 
tion of  compulsory-education  act 89  244 

sale  of  unapproved  school  apparatus 243  718 

school  officer,  violation  of  fire-protection  act 243  418 

selling  or  giving  away  cigarettes 246  726 

State  School  Book  Commission,  violation  of  textbook  act ....   242  716 

243  720 

state  superintendent,  receiving  bonus 144  410 

state  treasurer,  failure  to  file  statement  of  collections  on 

bonds 225  672 

failure  to  make  out  reports 136  387 

failure  to  report  truants 88  241 

teachers: 

violation  of  fire-protection  act 146  418 

treasurer,  county,  city,  board  of  education,  neglect  or  re- 
fusal to  remit  money  collected  to  pay  bonds  or  coupons ...     19  28 

unlawful  use  of  examination  questions 45  104 

use  of  textbooks  in  lieu  of  those  authorized 241  713. 

Pensions.     (See  Retirement  fund.) 
Permanent  school  fund: 

commission 250  640 

constitutional  provision 6 

custodian 220  649- 

investment 218  644 

orders  drawn 219  648 

perpetual  fund 6 

records                                                                              219  646 

219  647 

report 219  646 

sources 

(See,  also,  School-fund  Commission.)                                       222  658 

10 — School  Laws — 2728 


290  INDEX. 

Petition:                                                                                                        PAGK  SBC. 

bond  election,  school  district 12  9 

county  aid  to  high  schools 159  465 

disorganization  of  partially  depopulated  districts 108  295 

dissolution  of  union-school  districts . 141  401 

election,  county  high  school 149  425 

election,  rural  high  school ; 171  506 

night  schools 205  604 

special  meeting,  school  district 114  315 

Physical  examination  of  children  incapacitated  for  school 85  237 

Physical  training,  special  state  certificate 35  67 

Physiology  and  hygiene: 

examination  of  teachers 49  115 

instruction 49  115 

Playgrounds,  purchase  or  lease,  cities  of  the  first  class 59  143 

Powers  of  board  of  education,  cities  of  first  class 61  147 

Powers  of  board  of  education,  cities  second  class 75  200 

Powers  of  district  meeting 116  320 

Powers  of  State  School  Book  Commission 237  705 

Practice  teaching,  normal  course  in  accredited  colleges 39  79 

Preparatory  department  of  state  school  system 5 

President  board  of  education,  cities  first  class 62  149 

certify  number  of  members  to  be  elected 54  130 

duties 62  149 

sign  bonds 66  170 

sign  refunding  bonds 68  177 

sign  warrants 62  149 

249  737 

President  board  of  education,  cities  second  class 54  130 

certify  number  of  members  to  be  elected 54  130 

duties 75  201 

election 74  196 

sign  bonds 80  219 

sign  warrants 75  201 

249  737 

President  School-fund  Commission 217  640 

President  State  Agricultural  College: 

member  State  Board  of  Education 230  692 

member  State  School  Book  Commission 234  702 

President  State  Normal  School: 

member  State  Board  of  Education 231  696 

member  State  School  Book  Commission 234  702 

Principal  Barnes  high  school,  report 169  497 

Principal,  county  high  school,  employment 155  443 

Principal  high  school  with  county  aid,  report 160  469 

Probate  judge: 

judge  of  juvenile  court 184  543 

notice  estate  of  deceased  person  without  heir 223  660 

Probation  officer: 

appointment 185  545 

delinquent  children 188  551 

Prohibitory  amendment,  instruction  on  Frances  Willard  Day 252  745 

Property  owner,  may  send  children  to  district  in  which  he  owns 

land 122  335 

Property,  school: 

control,  cities  second  class 75  200 

conveyance  to  board  of  education,  cities  second  class 75  198 

deliver  to  proper  officers 95  260 

disposition,  disorganized  district 109  300 

union  school  districts 141  402 

district  board  may  sell 134  378 

division  by  county  superintendent,  new  districts 106  288 


INDEX.  291 

Property,  school — continued.                                                                  PAGB  SBC. 

union  school  districts 142  403 

exempt  from  taxation,  cities  first  class 64  164 

penalty  for  destruction 2 

sale  of,  cities  first  class 64  159 

vested  in  board  of  education,  cities  first  class 64  158 

union  district 93  254 

Pupils: 

admission  from  adjoining  districts 135  383 

appeal  to  county  superintendent  on  suspension 137  389 

conveyance  by  parent,  compensation 121  333 

government  in  county  high  schools 156  447 

incorrigible 87  239 

indentured,  of  Reform  School 183  540 

Industrial  (Reform)  School  pupils 183  540 

infected  with  contagious  disease 127  352 

membership  in  high-school  fraternities 177  520 

nonresidents  in  county  high  schools 155  446 

sent  to  adjacent  district 120  332 

sent  to  more  convenient  school 122  335 

sent  to  other  schools 121  334 

suspension  by  district  board 137  389 

suspension  by  principal  county  high  school 156  447 

suspension  for  membership  in  high-school  fraternities 177  521 

transportation  provided  by  district 121  333 

transportation,  school  discontinued 120  332 

truant 87  239 

Qualifications: 

board  of  county  examiners 42  96 

county  superintendent 96  265 

kindergarten  teachers 196  582 

superintendent  of  schools,  cities  first  and  second  class 55  133 

voters  in  district  meetings 115  318 

Questions  for  examinations: 

common-school  diploma 126  246 

prepared  by  State  Board  of  Education 126  347 

county  teachers'  certificates: 

distributed  by  state  superintendent 44  101 

forwarded,  when 44  102 

officers  may  have  possession 45  105 

opened  by  whom,  when 43 

penalty  for  unlawful  use 45  104 

prepared  by  state  board 44  101 

unlawful  use 44  103 

normal  training  high-school  certificates 35  68 

Record  books,  for  school  districts,  purchased  by  county  superin- 
tendent   103  279 

Records: 

clerk  board  of  education,  cities  first  and  second  class 55  132 

county  superintendent: 

apportionment  of  state  and  county  funds 

boundaries  consolidated,  districts 

candidates  for  teachers'  certificates 96  268 

official  acts 96  268 

district  clerk: 

copies  of  reports 

delivered  to  successor 

preservation 

•    proceedings  of  district 

record  report  of  treasurer 

district  officers: 

examination  of  records  by  county  superintendent 96  268 


292  INDEX. 

Records — continued.                                                                                PAGE  SEC. 

failure  to  deliver  records  to  successors 132  371 

penalty  failure  to  deliver 132  371 

district  treasurer: 

records  and  papers  handed  over 133  376 

records  of  receipts  and  disbursements 133  376 

School-fund  Commission,  permanent  fund,  condition  of. .   219  646 

record  kept  in  office  of  state  superintendent 219  647 

state  superintendent  of  public  instruction,  certified,  shall 

be  evidence 230  694 

teachers 136  387 

warrants  drawn 249  738 

Refunding  bonds.     (See  Bonds,  refunding.) 
Registration: 
bonds: 

cities  first  class 68  175 

cities  second  class 82  226 

consolidated 224  666 

permanent  school  fund 224  667 

purchased  by  School-fund  Commission 224  668 

refunding 23  39 

certificates: 

lapsed  certificates  and  diplomas  not  revived  by  regis- 
tration       42  95 

normal-training  certificates 207  611 

registered  by  county  superintendent  or  clerk  of  board 

of  education 41  90 

registration  required  before  payment  of  salary 41  91 

registration  reported  to  state  superintendent 42  92 

state  certificates 41  89 

State  Normal  School  certificates 41  89 

warrants 250  741 

Relatives  of  district  officers,  employment  as  teachers 136  385 

Religious  doctrine,  teaching  prohibited,  cities  first  class 64  163 

cities  second  class 78  214 

Removal  of  schoolhouse  from  settler's  claim 135  382 

Renewal  of  certificates: 

first  grade,  county 46  109 

lapsed  state 42  93 

normal-training  high  school 35  68 

state 38  76 

three-year  elementary,  for  three  years 36  69 

three-year,  for  life 34  65 

three-year,  for  three-year  periods 33  63 

special,  for  one  year 35  67 

Reports: 

board  of  education,  cities  first  class 64  161 

board  of  education,  cities  second  class 78  212 

clerk,  joint  district 131  365 

clerks  of  townships,  cities  and  school  boards,  statement  of 

indebtedness 132  370 

county  clerk,  county  school  fund 94  258 

county  superintendent: 

annual,  to  state  superintendent 99  271 

normal  institute  fund 208  613 

quarterly,  to  state  superintendent 96  268 

trespassers  on  school  lands Ill  308 

district  clerk: 

amount  of  tax  voted 138  391 

annual  report 130  362 

commencement  of  school  term 132  369 

examination  of  report  by  county  superintendent 103  277 

names  of  district  officers. .                                                       .    132  369 


INDEX.  293 

Reports — continued.  PAGE  SEC. 

proceedings  of  district 130  359 

taxpayers'  names  reported  to  county  clerk 132  367 

district  treasurer 133  376 

judge  of  juvenile  court,  annual  report 193  568 

principal,  Barnes  high  school 169  497 

principal,  high  school  with  county  aid 160  469 

State  Scho9l  Book  Commission 242  715 

state  superintendent  of  public  instruction: 

biennial • 230  695 

investment  of  school  fund 219  646 

teachers: 

school  records 136  387 

truancy 88  241 

trustees,  county  high  school 156  448 

Retirement  fund: 

annual  payment,  disability  or   incapacity 215  634 

annual  payment  to  teacher  retired  after  thirty  years 144  409 

appropriation  from  general  school  fund 214  631 

assessment 214  631 

cities  of  the  first  class,  fund  created  in 214  631 

exemption 216  638 

gifts 214  631 

investment  of  surplus 214  632 

reinstatement  of  teacher  retired  for  disability 215  634 

retirement  of  teacher  with  thirty  years'  experience 214  633 

retirement  on  account  of  disability  or  incapacity 215  634 

rules  and  regulations 216  639 

"teacher"  denned 215  636 

teacher  not  reemployed 215  635 

transfer  to  another  city 215  635 

treasurer  to  keep  fund  separate 216  637 

Revocation  of  county  certficates 48  114 

Rural  high  schools.     (See  High  schools,  rural.) 
Rural  schools: 

accredited  by  the  State  Board  of  Education 232  699 

state  supervisors 233  701 

Salaries.     (See  Compensation.) 

Salary  not  paid  unless  certificate  is  registered 41  91 

School  age: 

cities  second  class 72  190 

districts 127  350 

School  districts.    (See  Districts.) 

School  fund  apportioned  by  county  superintendent 

School-fund  commissioners 217 

application  to  vote  additional  bonds 14 

attorney-general  member  of  commission 217  640 

authorize  increase  in  amount  of  bonds 14  13 

bonds  must  be  offered 221  652 

clerk. 229  687 

collections 221  651 

compensation  of  members 222 

consolidation  of  bonds 224  665 

constitutional  provision .  .                    6 

custodian 220  649 

estates  of  deceased  persons  without  heir 

funding  bonds  received 225  673 

hearing  of  application  to  vote  additional  bonds 15  15 

investment  of  permanent  school  fund 218 

meetings 217 

members  must  act  personally 

members  of  board 217 

orders  drawn  for  bonds  purchased 211 


294  INDEX. 

School-fund  commissioners — continued.                                                PAGE  SEC. 

present  bonds  for  registration  to  state  auditor 224  668 

purchase  bonds  at  lower  rate  than  stipulated 221  653 

quorum 219  645 

record  of  funds 219  646 

record  of  proceedings,  funding  bonds 226  675 

records 217  642 

records  kept  in  office  of  state  superintendent 219  647 

register  of  bonds  offered  and  bought 218  643 

secretary  of  state  member  of  commission 217  640 

state  auditor  to  prepare  register 224  667 

state  superintendent  member  of  commission 217  640 

state  treasurer  custodian  of  bonds,  notes,  etc 220  649 

School  fund,  county.    (See  County  school  fund.) 

School-fund  depositories,  cities  first,  second  and  third  class 58  142 

School  fund  paid  to  cities  under  special  law 140  399 

School  grounds,  board  of  education  may  buy  additional 83  229 

Schoolhouse: 

district  board  may  open  for  certain  uses 134  380 

district  board  to  build,  hire  or  purchase 134  378 

doors  open  outward 145  412 

exits 145  413 

fire-ecapes 145  413 

furnaces 145  414 

inspection 27  46 

plan  submitted  to  state  architect 145  415 

removed  from  claim  of  settler 135  382 

School  lands: 

lease 6 

revaluation 6 

sale f 6 

site  acquired  by  purchase  of 124 

trespasses  on,  reported  by  county  superintendent Ill  308 

School  laws,  published  by  state  superintendent  of  public  in- 
struction     230  691 

School  month 127  349 

School  property.    (See  Property.) 

School  Book  Commission.    (See  State  School  Book  Com- 
mission.) 

authority  transferred  to  State  School  Book  Commission 234  702 

contracts  not  affected  by  publication  act .  .  . 237  707 

penalties: 

selling  charts,  maps,  globes,  etc.,  without  approval 243  718 

violation  of  act 243  720 

unlawful  to  purchase  charts,  maps,  globes,  etc.,  unless  ap- 
proved   * 243  719 

unlawful  to  sell  charts,  maps,  globes,  etc.,  unless  approved  .  .   243 

Second-grade  county  certificates 46  108 

Secretary,  board  of  trustees,  county  high  school : 

election 151  428 

duties 152  435 

Secretary  of  state: 

member  of  Board  of  School-fund  Commissioners 6 

president  of  Board  of  School-fund  Commissioners 217  640 

Secretary  State  Board  of  Education 232  698 

Secretary  State  School  Book  Commission: 

bond 235  703 

compensation 235  703 

duties                                    235  703 

election 235  703 

pay  weekly  money  received  into  state  treasury 238  710 

qualifications 235  703 

report  sales  to  state  auditor  each  month 238  710 

term..                                                                                            ...   235  703 


INDEX.  295 

Sectarian  doctrine:                                                                                   PAGE  SEC. 

cities  first  class 64  163 

cities  second  class ; 78  214 

Security  for  bonds: 

cities  first  class 68  174 

cities  second  class 82  225 

Sinking  fund: 

credited  with  interest  for  deposit 16  19 

investment: 

cities  first  class , 67  172 

cities  second  class , 81  223 

refunding  bonds 26  45 

^school  districts 16  18 

tax  levy: 

cities  first  class 66  171 

cities  second  class 81  222 

refunding  bonds 25  44 

school  district 16  18 

Site;  school: 

acquired  by  purchase  of  school  lands 124  339 

amount  of  land  condemned 123  338 

change  of  site 122  336 

condemned 123  338 

county  high  school 152  436 

estimate  of  cost,  cities  first  class 65  168 

rural  high  school 174  512 

school  district  site  not  less  than  one  acre 116  320 

Special  certificates.    (See  Certificates,  special.) 

Special  district  meeting 114  315 

annual  meeting  not  held 114  316 

notice 115  317 

Special  examinations  for  county  certificates 44  99 

State  Agricultural  College: 

accredited  by  State  Board  of  Education 38  77 

graduates  from  accredited  high  schools  admitted 232  700 

investment  of  funds 218  644 

president  member  State  Board  of  Education 231  696 

president  member  State  School  Book  Commission 234  702 

state  treasurer  custodian  of  funds 220  649 

State  aid: 

school  districts: 

apportionment 118  327 

appropriation 119  330 

cost  of  tuition  and  transportation 120 

county  superintendent  to  certify  amount  due 118  326 

districts  excepted 120  332 

limitation,  certain  districts 120 

limitation,  school  discontinued 120 

purpose  to  provide  a  seven-months'  term 117  324 

state  auditor  to  draw  warrants 120 

state  superintendent  to  certify  amount  due 118  326 

state  treasurer  to  remit 118  326 

high  schools  teaching  agriculture  and  domestic  science 211  622 

normal  training  high  schools 210  618 

State  annual  school  fund.    (See  Annual  school  fund.) 

State  architect,  plans  for  schoolhouses  submitted  to 145  415 

State  auditor: 

cancel  bonds  and  coupons  paid 

compare  register  with  bonds 

draw  warrants,  state  aid  to  school  districts 

register  bonds  belonging  to  permanent  school  fund 224 

register  bonds  purchased  by  School-fund  Commission 


296  INDEX. 

State  auditor — continued.  PAGE  SEC. 

register  consolidated  bonds 224  666 

stamp  refunding  bonds 225  674 

State  Board  of  Agriculture,  president  member  State  School 

Book  Commission 234  702 

State  Board  of  Education 231  696 

accredited  colleges: 

approval  of  course  of  study 37  74 

certificates  issued  to  graduates 38  76 

department  of  education  in 37  74 

examination  of  course  of  study 38  75 

institutions  in  other  states 38  77 

State  Agricultural  College 38  77 

State  University 38  77 

certificates  issued  to  graduates 38  77 

distribution  of  state  appropriation 211  622 

appointment  of  state  supervisors  of  public  school 233  701 

appointment  of  three  members  of  state  board  by  governor ...  231  696 

apportion  federal  vocational  fund 180  530 

certificates,  teachers': 

cancellation  of 42  94 

diploma,  life 34  66 

examination  for  state  certificates 33  62 

for  experience 37  72 

graduates  from  normal  course  with  practice  teaching. ...  39  79 

high-school  teachers 37  74 

permanent 34  64 

kindergarten  teachers 196  582 

lapsed  life  certificates,  renewed 42  93 

life  diploma 34  66 

normal  institute  conductors 207  610 

normal  institute  instructors 207  610 

normal  training  teachers 35  68 

permanent 34  64 

permanent  elementary 36  70 

recognition  of  certificates  issued  in  other  states 41  88 

special  certificates 35  67 

agriculture 35  67 

domestic  art 35  67 

domestic  science 35  67 

drawing 35  67 

kindergarten 35  67 

music 35  67 

physical  training 35  67 

temporary  certificates • 37  73 

three-year  certificates  to  graduates  of  accredited  col- 
leges   38  76 

38  78 

renewed  for  life 38  76 

three-year  elementary  certificates 36  69 

credentials 36  69 

examination 33  63 

renewal 33  63 

made  permanent 36  69 

three-year  renewable  certificates 33  63 

credentials 33  63 

examination 33  63 

renewal 33  63 

valid  in  what  schools 33  63 

three-year  certificates  renewable  for  life 34  65 

credentials 34  65 

examination 34  65 

renewal .  .  34  65 


INDEX.  297 

State  Board  of  Education — continued.                                                 PAGE  SKC. 

valid  in  what  schools 34  65 

validation  of  three-year  renewable  certificate  for  high- 
school  teaching 33  63 

void,  when * 42  93 

chairman 231  696 

chancellor  State  University  a  member 231  696 

colleges,  accrediting  of 37  74 

cooperate  with  federal  board  on  vocational  education 179  527 

cooperate  with  local  communities,  federal  aid 179  528 

courses  of  study: 

common  schools 231  697 

district  schools 231  697 

graded  schools 231  697 

high  schools 231  697 

high  schools,  county 157  452 

159  462 

high  schools,  rural 175  515 

industrial  training 181  536 

181  537 

normal  institutes 231  697 

public  schools 231  697 

examinations: 

common-school  diploma 126  347 

county  teachers'  certificates 44  101 

high-school  credits  for  county  certificates 47  110 

kindergarten  teachers'  certificates. . . 196  582 

normal  training  teachers'  certificates 35  68 

state  teachers'  certificates 33  62 

graded  schools: 

accrediting 232  699 

course  of  study 231  697 

standards  defined 232  699 

supervisors  appointed 233  701 

high  schools: 

accrediting  of 232  699 

accrediting  for  normal  training.  .                                             35  68 

210  617 

approval  for  credits  required  for  county  certificates 47  110 

approval  for  agriculture  and  domestic  science 211  622 

approval  as  preparatory  to  accredited  colleges 38  78 

approval  for  federal  aid 179  529 

standards  defined 232  699 

supervisors  appointed 233  701 

members 231  696 

appointment 231  696 

compensation..                                                               231  696 

duties 231  697 

expenses 231  696 

meetings 231  697 

term  of  appointed  members 231  696 

normal  training  in  high  schools: 

approval  by  high  schools 210  617 

certificates  granted 35  68 

distribution  of  state  appropriation 210  618 

rules  and  regulations 210  619 

renewal  of  lapsed  life  certificates 42  93 

rural  schools: 

accrediting  of 232  699 

course  of  study 231  697 

standards  defined 232  699 

supervisors  appointed 233  701 


298  INDEX. 

State  Board  of  Education — continued.                                                  PAGE  SEC. 

president  State  Agricultural  College  a  member 231  696 

president  State  Normal  School  a  member 231  696 

secretary 232  698 

election 232  698 

duties ' 232  698 

qualifications 232  698 

salary 232  698 

term 232  698 

standards  of  rural,  graded,  and  high  schools  denned 232  699 

State  Department  of  Education 228  682 

State  Superintendent  of  Public  Instruction  member  and 

chairman 231  696 

stenographer 232  698 

supervision  of  public  schools 233  701 

appointment 233  701 

expenses 233  701 

salary 233  701 

term  of  appointed  members . .  - 231  696 

State  certificates.    (See  Certificates,  state.) 

State  constitution,  educational  provisions 5 

State  Department  of  Education 228 

assistant  state  superintendent 228  686 

chief  clerk 229  687 

department  constituted 228  682 

secretary  State  Board  of  Education 232  698 

State  Board  of  Education 228  682 

State  Superintendent  of  Public  Instruction 228  68' 

supervisors  of  public  schools 233 

State  fire  marshal,  fire  prevention  bulletin 146  420 

State  Normal  Schools: 
certificates: 

common  school 39  80 

life 40  83 

life  diploma 40  84 

one-year 39  81 

special 40  86 

agriculture 

commercial  subjects 

domestic  science • 40 

drawing.  .> 40 

manual  training 40 

music 

occupational  subjects 40 

three-year 40  82 

certificates  issued  before  September  1,  1916 40 

certificates  registered  and  signed  by  state  superintendent ....     40  87 

diploma 39  80 

40  84 

graduates  from  accredited  high  schools  admitted 232  700 

investment  of  funds 218  644 

president: 

member  State  Board  of  Education 23] 

member  State  School  Book  Commission 234  702 

registration  of  certificates  and  diplomas 40 

41  89 

signing  of  certificates  by  state  superintendent 40  87 

state  treasurer  custodian  of  funds 220  649 

State  Orphans'  Home,  county  superintendents  agents 

State  printer: 

member  State  School  Book  Commission 234  70^ 

printing  of  textbooks 237  70( 

statement  of  cost  of  textbooks 238  708 


INDEX.  299 

PAGE  SEC. 

State  School  Book  Commission 234 

adoption  of  textbooks 235  704 

contract  with  publishers ; .  ' .   235  704 

exchange ....'...   235  704 

price 235  704 

annual  report 242  715 

appropriation,  1919,  1920,  1921 244  721 

reappropriation 244  723 

approval  of  supplementary  books 242  714 

authority  and  powers  of  School  Book  Commission 234  702 

books  of  reference  not  prohibited 237  707 

building  fund 244  722 

chairman 235  703 

commission  allowed  to  dealers 238  710 

241  711 

commission  created 234  702 

compensation  of  members 234  702 

complete  series  of  textbooks  provided 235  704 

contract  with  authors  and  publishers 237  705 

copyrights 237  705 

dealers: 

commission 238  710 

241  711 

penalty  for  increase  in  price 241  713 

penalty  for  violation  of  agreement 241  712 

sales  to  dealers  for  cash  only,  exception 238  710 

free  textbooks  authorized  by  vote 238  709 

manuscripts 235  704 

members: 

appointed  members 234  702 

compensation 234  702 

expenses , 234  702 

members  ex  officio 234  702 

oath  of  office 234  702 

penalties 241  713 

242  716 

rules  and  regulations .  234  702 

term 234  702 

order  exclusive  use  of  authorized  books 237  707 

penalty: 

increase  of  price 241  713 

use  of  other  books 241  713 

violation  of  act  by  members 242  716 

price  lists  furnished 241  713 

prices  based  on  cost 241  712 

purchase  of  books  by  dealers. . . 238  710 

purchase  of  books  by  district  boards  and  boards  of  educa- 
tion    238  710 

remuneration  of  authors 237  705 

revolving  fund 241  711 

244  724 

transfer 244  724 

warrants  authorized 245  725 

sale  of  books  not  printed  by  state 241  711 

secretary 235  703 

bond 235  703 

compensation 235  703 

duties 235  703 

election 235  703 

payments  to  state  treasurer 238  710 

report  to  state  auditor 238  710 

term . .  ...   235  703 


300  INDEX. 

State  School  Book  Commission — continued.                                        PAGE  SEC. 

series  of  textbooks 235  704 

supplementary  books: 

approval 242  714 

distribution 242  714 

purchase  by  school  board : 242  714 

use  in  lieu  of  adopted  books  prohibited 242  714 

textbooks  sold  for  cash  only/  exception 238  710 

textbooks  printed  by  state  printer 237  707 

State  School-fund  Commission.    (See  School-fund  Commission.) 

State  school  funds,  disbursement  of  income 6 

State  superintendent  of  public  instruction 228  683 

appeal  in  joint  district  boundaries 113  313 

appointments  restricted 229  687 

appoint  state  supervisors  of  public  schools 233  701 

assistant 228  686 

approve  issue  of  bonds  without  election,  cities  second  class.. .     78  215 

ask  advice  of  attorney-general 229  690 

bond 228  684 

certify  copies  of  papers 230  694 

certify  organization  of  normal  institute 208  614 

certify  to  state  auditor  amount  due  school  districts 118  326 

chief  clerk : 229  687 

distribute  county  examination  questions 44  101 

distribute  state  annual  school  fund 229  688 

draw  orders  on  state  treasurer,  distribution  of  school  fund .  .  .   229  689 

forward  examination  questions  to  county  superintendent ....     44  102 

furnish  price  lists  of  school  books  for  use  of  dealers 241  713 

furnish  questions  for  special  county  examinations 44  99 

general  duties 228  683 

general  supervision  of  educational  interests 5 

give  notice  of  estate  of  deceased  person  without  heir 223  659 

give  official  opinions 229  690 

grant  permit  to  business  college  to  canvass 31  57 

make  biennial  report  to  governor 230  695 

make  certificate  relating  to  industrial  training 181  538 

member  of  Board  of  School-fund  Commissioners 6 

member  and  secretary  Board  of  School-fund  Commission- 
ers    217  640 

member  and  chairman  State  Board  of  Education 231  696 

member  State  School  Book  Commission 234  702 

oath  of  office 228  684 

obtain  information  from  other  states 230  692 

office  in  the  capitol 230  693 

penalty  for  receiving  bonus 144  410 

prepare  instructions  for  patriotic  exercises 213  630 

courses  specified 197  584 

prepared  program  for  patriotic  exercises 213  629 

prescribe  forms  and  blanks 230  691 

prescribe  official  reports 230  693 

provide  blanks  for  registration  of  state  certificates 42  92 

provide  for  observance  of  certain  holidays 213  629 

publish  school  laws 230  691 

recommend  textbooks 223  662 

report  investments  of  school  fund 219  646 

salary 228  685 

sign  Normal  School  certificates  and  diplomas 40 

sign  state  certificates 33  62 

State  Department  of  Education 228  682 

statistical  and  filing  clerk 229  687 

stenographers 229  687 

supervise  educational  interests .   228  683 

visit  each  county..                                                                         .230  692 


INDEX.  301 

State  supervisors  of  public  schools:                                                       PAGE  SEC. 

appointment 233  701 

duties /.   233  701 

expenses 233  701 

salary 233  701 

State  treasurer: 

bonds  payable  at  office 18  24 

cancel  bonds  and  coupons  paid 18  27 

cancel  bonds  and  coupons  paid  before  maturity 17  22 

custodian  of  Agricultural  College,  Normal  School  and  Uni- 
versity funds 220  649 

custodian  of  state  school  funds 220  649 

furnish  statement  of  amount  due  on  bonds 18  25 

pay  annual  school  fund  to  county  treasurer 227  678 

produce  coupons  and  bonds  for  comparison  with  auditor's 

register 225  671 

receive  income  state  school  fund 227  677 

register  orders  drawn  by  School-fund  Commission 219  648 

remit  state  aid  to  county  treasurers 218  326 

report  to  state  superintendent  amount  annual  school  fund .  .  .   220  650 
report  to  state  superintendent  amount  of  permanent  school 

fund 220  650 

state  school-book  fund  kept  separate 220  650 

statement  to  auditor  of  interest  on  bonds  or  principal  col- 
lected    225  669 

separate  accounts  of.  annual  and  permanent  school  fund 220  650 

State  University: 

accredited  by  State  Board  of  Education 38  77 

chancellor  member  State  Board  of  Education 231  696 

constitutional  provision  for 6 

graduates  accredited  high  schools  admitted 232  700 

graduates  Barnes  high  schools  admitted ' 164  486 

graduates  may  receive  state  certificate 38  78 

investment  of  funds 218  644 

land  reserved  for  support  of 7 

state  treasurer  custodian  of  funds 220  649 

Suits  against  merged  districts 29  52 

Superintendent  of  schools,  cities  of  first  and  second  class 55  133 

compensation 55  133 

duties 55  133 

election ' 55  133 

notice  to  truant  officer 88  241 

qualifications 55  133 

term 55  133 

Supplementary  textbooks,  approval  by  State  School  Book  Com- 
mission     242  714 

Suspension  of  pupil: 

district  board 137  389 

appeal 137  389 

membership  in  high-school  fraternities 177  521 

principal  county  high  school ; 156  447 

Tax  levy.     (See  Taxation.) 
Taxation: 

emergency  cases: 

increase  ordered  by  tax  commission 200  592 

levy  for  excess  warrants 201  594 

warrants  authorized 200  593 

exceptions  to  limitations  in  tax  levies 198  587 

excessive  levy  unlawful 199  590 

general  limitation  in  tax  levies 188  586 

increasing  levy  above  general  limit 198  588 

levy  for  industrial  training 180  535 

penalty  for  making  excessive  levies 199  591 

rural  high  schools 173  510 


302  INDEX. 

Taxation — Barnes  high  schools.    (See  Taxation,  county.) 

Taxation — cities  of  first  class:                                                                PAGE  SEC. 

annual  levy 62  154 

bonds,  interest  and  sinking  fund 81  222 

bonds,  refunding,  interest  and  sinking  fund 68  178 

levy  by  board  of  education 24  42 

levy  by  county  clerk 24  42 

levy  by  county  treasurer 25  43 

penalty,  board  or  county  clerk 24  42 

penalty,  county  treasurer 25  48 

penalty,  failure  to  levy  tax 69  179 

bonds,  outstanding  warrants,  interest  and  sinking  fund,  70  1 84 

bonds,  refunding,  sinking  fund 25  44 

building  and  repairs 62  154 

industrial  training 180  535 

playgrounds 60  144 

support  of  schools 62  154 

limitation  of  levy 63  155 

levy  certified  to  county  clerk 62  154 

levy  made  by  county  superintendent,  indebtedness  to  dis- 
trict   124  341 

school  property  exempt 64  164 

taxes  paid  in  money 63  156 

taxes  subject  to  order  of  board  of  education 63  156 

whole  city  taxing  district 63  157 

Taxation — cities  of  second  class: 

annual  levy " 77  206 

bonds,  interest  and  sinking  fund 81  222 

bonds,  refunding,  interest  and  sinking  fund 24  42 

levy  by  board  of  education 24  42 

levy  by  county  clerk 24  42 

levy  by  county  treasurer 25  43 

penalty,  board  or  county  clerk 24  42 

penalty,  county  treasurer 25  43 

bonds,  refunding,  sinking  fund 25  44 

buildings,  certain  cities 82  227 

limit  of  building  tax 82  228 

indebtedness 77  207 

industrial  training 180  535 

support  of  schools :..'..  77  206 

limitation 77  207 

limitation,  certain  cities 77  208 

levy  made  by  county  superintendent,  indebtedness  to 

school  district 124  341 

taxes  paid  in  money 78  209 

territory  attached 72  191 

territory  of  second  district,  city  changed  from  third  to 

second  class 74  194 

whole  city  subject  to  taxation 78  209 

Taxation — county : 

aid  to  school  districts 118  325 

aid  to  high  schools,  counties  of  population  less  than  10,000 . . .  160  466 

levy  certified  by  county  superintendent 161  471 

levy  made  by  county  commissioners 160  470 

limit  of  levy 160  466 

buildings,  county  high  schools  established  by  special  act 162  474 

county  high  schools 151  429 

levy  certified  by  whom 152  434 

levy  made  by  board  of  trustees 151  429 

limit  seven  and  one-half  tenths  mill 151  430 

limit  one  and  three  and  one-half  tenths  mills  certain 

counties 151  431 

detention  home .  .                                    193  567 


INDEX.  308 

Taxation — county-  -continued.                                                              PAGE  SEC. 

high-school  tuition 148  422 

high  schools,  Barnes  law 164  486 

first  levy  made,  when 166  491 

joint  districts 167  495 

levy  for  buildings 164  486 

limit  seven  and  one-half  tenths  mill 165  487 

limit  one  and  three  and  one-half  tenths  mills  certain 

counties *  165  488 

parental  home,  certain  counties 195  578 

Taxation,  rural  high-school  district 173  510 

Taxation — school  districts: 

annual  tax  voted  by  district  meeting 116  320 

floating  indebtedness 116  320 

general  school  purposes 116  320 

levy  limited  to  six  and  three-fourths  mills 116  321 

levy  limited  to  nine  mills,  certain  districts 116  321 

levy  may  be  increased  by  three-fourths  vote 198  588 

minimum  levy  four  and  one-half  mills  in  districts 

with  state  aid 117  324 

industrial  training 180  535 

judgments,  levy  by  district  board 138  392 

penalty  for  failure 138  392 

libraries 202  595 

increasing  the  levy  by  three-fourths  vote 198  588 

indebtedness,  depopulated  districts 107  289 

indebtedness,  disorganized  districts 108  297 

indebtedness,  part  of  district  annexed  to  city 124  341 

interest  and  sinking  fund,  bonds 16  18 

interest  and  sinking  fund,  refunding  bonds 24  42 

interest  coupons  receivable  for  taxes 28  48 

levy  certified  by  district  clerk 138  391 

levy  made  by  county  commissioners 138  391 

levy  made  by  county  superintendent,  when 119  328 

levy  to  pay  bonds  and  interest 16  18 

taxpayers  reported  by  district  clerk 132  367 

penalty  for  failure 132  368 

tax  voted  but  not  collected 133  375 

union  or  graded  districts 139  395 

Teacher,  word  "teacher"'  defined,  retirement  law 215  636 

Teachers: 

contract  in  writing 135  384 

contracts  void,  if  relatives  of  district  officers 136  386 

dismissed  for  cause 135  384 

district  board  shall  contract  with 135  384 

employment  of: 

cities  of  first  and  second  class 55  134 

county  high  schools 155  443 

county  high  schools,  counties  of  population  less  than 

6,000 157  454 

school  districts 135  384 

employed  by  county  superintendent,  when 119  328 

high  schools,  counties  under  6,000 157  454 

industrial  training 181  537 

records  and  reports 136  387 

penalty  for  failure 136  387 

register  of,  kept  by  county  superintendent 96  268 

report  names  of  truants 88  241 

penalty  for  failure 88  241 

wages  specified  in  contract 

Teachers'  association,  county  superintendent  shall  encourage 96  268 

Teachers'  certificates.    (See  Certificates.) 
Teachers'  examinations.     (See  Examinations.) 


304  INDEX. 

Teachers'  retirement  fund.    (See  Retirement  fund.)  TAGE  SEC. 

Temporary  county  certificates 48  112 

Temporary  state  certificates 37  73 

Term,  length  of  school  term  determined  by  voters  at  district 

meeting 117  322 

Term,  minimum: 

eight  months,  cities  first  and  second  class 117  323 

seven  months,  school  districts 117  323 

Term  of  office: 

board  of  education,  cities  first  and  second  class 53  128 

clerk,  board  of  education,  cities  second  class 74  196 

county  superintendent 96  266 

district  officers •.••••;• 128  355 

president  board  of  education,  cities  second  class 74  196 

secretary  State  Board  of  Education 232  698 

secretary  State  School  Book  Commission 235  703 

superintendent  of  schools,  cities  first  and  second  class 55  133 

State  School  Book  Commission 234  702 

trustees  county  high  schools 150  427 

Term  of  school  determined  by  district  meeting 117  322 

Territory: 

attached  for  school  purposes,  cities  of  first  class 60  146 

attached  for  school  purposes,  cities  of  second  class 72  191 

detached  by  county  superintendent,  cities  second  class 74  195 

disorganized  district  not  liable  for  debt  of  district  to  which 

attached 110  301 

part  of  district  annexed  to  city  first  or  second  class 124  341 

school  district  annexed  to  city  first  or  second  class 124  340 

school  district  containing  city  of  third  class  remains  at- 
tached when  city  becomes  of  second  class 74  194 

Textbooks 234 

(See,  also,  State  School  Book  Commission.) 

Third-grade  certificate,  requirements 45  107 

Three-year  state  certificates.     (See  Certificates,  state.) 

Tobacco  and  cigarettes: 

county  attorney  to  make  inquisition 247  730 

misdemeanor  for  minor  to  use  in  public  places 246  728 

penalty 247  729 

unlawful  to  advertise  cigarettes 246  727 

unlawful  to  sell  or  give  away  cigarettes 246  726 

Township  clerk  must  register  refunding  bonds 23  39 

Township  high  schools.     (See  High  schools,  rural.) 

Transportation  of  pupils: 

compensation  to  parents 121  333 

consolidated  district 92  249 

provided  by  district  board 121  333 

pupils  sent  to  other  districts 120 

Traveling  expenses,  county  superintendent 100  272 

Traveling  libraries.     (See,  also,  Libraries.) 203  598 

Treasurer,  board  of  education  cities  of  first  class 62  151 

bond 62  151 

city  treasurer  ex  officio  treasurer  of  board 62  151 

compensation 62  151 

deliver  warrant  register  to  successor 250  743 

deposit  money  daily 62  151 

deposit  money  in  designated  depositories 51  142 

indorse  warrants  "presented  and  not  paid  for  want  of 

funds" 250  741 

pay  money  upon  warrants 62  151 

prepare  monthly  report 62  151 

record  of  warrants  paid 250  740 

redemption  of  indorsed  warrants 250  742 


INDEX.  305 

Treasurer,  board  of  education  cities  of  first  class — continued.           PAGE  SEC. 

register  indorsed  warrants 250  741 

remit  to  state  treasurer  money  collected  for  redemption  of 

bonds  and  coupons 18  26 

taxes  placed  in  hands  of 63  156 

Treasurer,  board  of  education  cities  second  class 76  204 

bond 76  205 

deliver  warrant  register  to  successor 250  743 

deposit  money  in  designated  depositories 58  142 

elected  by  city 76  204 

indorse  warrants  "Presented  and  not  paid  for  want  of 

funds" 250  741 

interest  paid  when  due 81  224 

pay  money  upon  warrants 76  205 

prepare  monthly  report 76  205 

produce  books  and  papers 76  205 

redemption  of  indorsed  warrants 250  742 

register  warrants  indorsed 250  741 

remit  to  state  treasurer  money  collected  for  redemption  of 

bonds  and  coupons 18  26 

taxes  paid  over  by  county  treasurer 77  206 

term 76  204 

Treasurer,  county.    (See  County  treasurer.) 

Treasurer  county  high  school 151  428 

appointment 151  428 

bond 151  428 

duties ' 151  428 

taxes  paid  to,  by  county  treasurer 152  434 

term 151  428 

Treasurer  school  district.    (See  District  treasurer.) 

Treasurer,  state.    (See  State  treasurer.) 

Truancy  law.    (See  Compulsory  Education.) 

Truant  officers: 

appointment 86  238 

compensation 88  240 

complaint  by 86  238 

duties 86  238 

enforce  education  of  deaf,  dumb  and  blind 89  243 

nomination 86  238 

number 87  239 

Truants: 

habitual  truants 87  239 

names  reported  by  teachers 88  241 

Trustees,  county  high  school: 

annual  report 156  448 

annual  tax  levy 151  429 

appointment 150  426 

compensation 156  450 

election 150  427 

employ  principal  and  teachers 155  443 

expel  members  high-school  fraternities 177  521 

local  site 152  436 

officers  of  board .  -. 151  428 

president  and  secretary  to  certify  tax  rate 152  434 

provide  buildings 152  436 

secretary .  . 151  428 

term...    .                      150  427 

treasurer 151  428 

vacancy  filled  by  county  commissioners 156  449 


11— School  Laws— 2728 


306  INDEX. 

Tuition:  PAGE  SEC. 

Barnes  high  schools 169  499 

county  high  schools 155  446 

fee  may  be  assessed,  school  districts 128  354 

high  schools,  cities  of  second  class 75  200 

high  schools,  payment  in  certain  counties 148  421 

pupils  sent  to  more  convenient  district 122 

pupils  sent  to  other  schools,  schools  discontinued 121  334 

pupils  sent  to  other  districts,  certain  districts 120  332 

rural  high  schools '. 176  516 

Union  or  graded-school  districts * 139 

annual  meeting,  date 114     315 

board  of  directors: 

duties 139     394 

election 139     393 

powers 139     394 

bonds 140     396 

clerk 140     397 

dissolution  of 141     401 

petition  and  meeting 141    401 

disposition  of  property . 141     402 

division  of  property 142     403 

established,  how 139     393 

purpose 139     393 

tax  levy  for  buildings  and  expense 139     395 

treasurer 140     398 

(See,  also,  Consolidation.) 
Universities : 

accredited  by  State  Board  of  Education 37       74 

course  of  study  examined  and  approved  by  State  Board  of 

Education 37       74 

graduates  may  receive  state  certificates 38       78 

University,  department  of  state  school  system 5 

University -fund: 

constitutional  provision 6 

custodian 220     649 

religious  sect  shall  not  control 6 

Use  of  school  buildings,  cities  of  first  and  second  class 56 

Use  of  schoolhouse,  school  districts 134     380 

Vacancies: 

board  of  education,  cities  of  first  and  second  class 53     12£ 

county  superintendent 1 

district  board,  filled  by  county  superintendent 102     275 

examining  committee  board  of  education,  cities  first  class  ...     62     153 

trustees,  county  high  schools 156     449 

Validating  certain  bonds 172     507 

Valuation  of  property: 

certified  by  county  superintendent  to  district  clerks 

detachment  of  territory 1 

formation  of  new  districts 119     329 

relation  to  bond  issue: 

cities  of  first  class 66     169 

cities  of  second  class 78     215 

districts 12 

refunding  bonds 20       31 

Vice  President: 

.     board  of  education,  cities  first  class 62     150 

board  of  education,  cities  second  class 75     202 

Voters,  district  meetings: 

challenge 115     319 

qualifications 115     318 


INDEX.  307 

Wages,  teachers':                                                                                        PAGE  SEC. 

contract  shall  specify 135  384 

paid  for  last  month  after  term  report  is  filed 136  387 

paid  for  last  month  after  truancy  report  is  made '.  88  241 

Warrants ". 248 

249 

countersigned  by  treasurer 249  739 

definition  of  term  "warrants" 249  735 

drawn,  how 249  735 

outstanding  warrants  refunded 20  32 

payment  by  treasurer 250  740 

payment  in  order  presented 250  741 

penalty,  signing  or  attesting  warrant  not  authorized 251  744 

presented  and  not  paid  for  want  of  funds 250  741 

publication  of  call  for  redemption  of  unpaid  warrants 250  742 

record  kept  by  clerk 249  738 

register  delivered  by  treasurer  to  his  successor 250  743 

signed  and  attested  by  whom 249  737 

special  aid  to  Lansing 142  405 

time  warrants  to  pay  for  buildings,  cities  of  second  class 82  227 

verified  by  affidavit 249  736 

Warrants  and  bonds  lost  and  destroyed : 

duplicate  may  be  issued 248  731 

duplicate  issued  on  delivery  of  mutilated  bond  or  warrant .  .  .  248  732 

duplicate  to  correspond  with  original 248  733 

record  of  duplicates  issued 248  734 

Washington's  birthday,  observance  in  public  schools 213  629 

WTater-closets 135  381 

White  children,  separate  schools,  cities  first  class 61  147 

Willard,  Frances  Willard  Day 252  745 

Work  permits 51  121 


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